62d Congress, ) HOUSE OF REPRESENTATIVES, j Document 

M Session. f \ No. 551. 



CLAIM OF THE STATE OF TEXAS. 




lette:r 

FROM 

THE ACTING SECRETARY OF WAR, 



TRANSMITTING 



A REPORT OF THE RESULT OF AN INVESTIGATION MADE BY THB 
A . S ADJUTANT GENERAL OF THE ARMY AS TO THE SUMS OF MONEY 
ACTUALLY EXPENDED BY THE STATE OF TEXAS BETWEEN 1856. 
AND 1860, IN PAYMENT OF STATE VOLUNTEERS, ETC. f;_, 



February 19, 1912. — Referred to the Committee on Military Affairs and ordered to' 

be printed. 



War Department, . 

Washington, February 17, 1912. , 

Sir: The act jof Congress "making appropriations to supply. 

deficiencies in appropriations for the fiscal year ending June 30, 1905, 

and for prior years, and for other purposes," approved March 3,. 

1905, contains the following provision: 

The Secretary of War is hereby directed to inquire, and report to Congress for 
its consideration, what sum or sums of money were actually expended by tie State ^ 
of Texas during the period of time between February 28, 1855, and June 21, 1860, in 
payment of State volunteers or rangers, called into service by authority of the gov- 
ernor of Texas, in defense of the frontier of that State against Mexican marauders and 
Indian depredations, for which reimbursement has not been made out of the Treasury 
of the United States. 

In compliance with this provision of law I have the honor to 
transmit herewith a report of the result of an investigation, made by 
direction of the Secretary of War, by The Adjutant General, with 
regard to the subject of the legislation in question. 
Very respectfully, 

Robert Shaw Oliver, ' 
Assistant Secretary of War. 

The Speaker of the House of Representatives. 



2 claim of the state of texas, ' ' -" ' 

ABditional Claim of the State of Texas for Reimbursement 
FOR Money Actually Expended by that State in Defense 
OF the Frontier Against Mexican Marauders and Indian 
Depredations. 

A proviso in the act of Congress "making appropriations to supply 
deficiencies in appropriations for the fiscal year ending June 30, 1905, 
and for prior years, and for other purposes," approved March 3, 
1905, directed the Secretary of War to inquire and report to Con- 
gress for its consideration "what sum or sums of money were actually 
expended by the State of Texas during the period of time between 
February 28, 1855, and June 21, 1860, in payment of State volunteers 
or rangers called into service by authority of the governor of Texas 
in defense of the frontier of that State against Mexican marauders 
and Indian depredations for which reimbursement has not been 
made out of the Treasury of the United States." A report of the 
result of the investigation made under the provision of law before 
referred to was transmitted to the President of the Senate by the 
Secretary of War, under date of January 27, 1906, and was printed 
as Senate Document No. 169, Fifty-ninth Congress, first session. 
That report contains a history of the claim before referred to and 
a summaiy showing the result of an examination of the records and 
documents submitted by the authorities of the State of Texas in 
support of the claim in c^uestion. 

It appears from papers presented to the Senate by Mr. Culberson 
and printed as Senate Document No. 67, Sixty-second Congress, first 
session, that additional records contaming evidence of payments not 
included in the report of Januar}^ 27, 1906, before referred to, were 
discovered by the State authorities after that report was made and 
after the appropriations were made in 1906 and 1908 to reimburse 
the State of Texas in settlement of tliis claim. The facts in the case 
ha%'ing been brought to the attention of the Secretary of War, he 
beld, concurring in an opinion of the Judge Advocate General, that he 
was authorized under the legislation before referred to to consider 
additional evidence in connection with the claim in question and to 
report to Congress the conclusion reached by him with regard to that 
evidence. It was suggested, therefore, that the proper authorities 
of the State of Texas forward to the War Department all the evidence, 
including any and all original records in the possession of the State, 
that is relied upon to show expenditure by the State for frontier 
defense in addition to the expenditures that were covered by the 
report made to Congress by the department January 27, 1906. 

.Pursuant to that suggestion, the authorities of the State of Texas 
8ut)mitted to the War Department original records and papers in 
support of the additional claim for reimbursement for money expended 
in tlie protection of the frontier of the State against Indians and 
Mexican marauders to March 5, 1861. Those records and papers 
relate to three State appropriations, as follows: 

1. An appropriation of $4,000, made January 13, 1858, and desig- 
nated by the State comptroller as appropriation " 6-M." 

2. An appropriation of .S25,000, made February 8, 1861, and 
designated oy the State comptroller as appropriation "77-P." 

3. The balance, ($198,573.26) of the appropriation of $300,000, 
made February 3, 1860, and designated by the State comptroller as 
appropriation "13-0." .-. : 

1 lat? 



CLAIM OF THE STATE OF TEXAS. 3 

The additional claim of the State of Texas, as stated in Senate 
v^ Document No. 67, Sixty-second Congress, first session, before referred 
to, is as follows: 

j" Balance of appropriation of Feb. 3, 1860, expended between June 6, 1860, 

^. and Mar. 4, 1S61 $179, 434. 17 

"vJ Appropriation of January, 1857, for payment of three companies of min- 
utemen commanded by Capts. John W. Sansom, J. M. Davenport, and 
R. W. Black 3,646.60 

Total 183, 080. 77 

The claim, according to a statement that accompanied the records 
and papers in the case when received in the War Department 
recently, is as follows: 

Appiopriation of Jan. 13, 1858 (designated "6-M") $4,000.00 

Appropriation of Feb. 8, 1861 (designated "77-P ") 18, 730. 46 

Appropriation of Feb. 3, 1860 (designated "13-0") 177,145.57 

Total amount of claim to Mar. 5, 1861 199, 876. 03 

It is to be observed that the later statement of the claim includes 
the amount expended under an appropriation of $25,000, February 
8, 1861, that was not included in the claim as presented in Senate 
Document No. 67 before referred to. The later statement of the 
claim also includes the $4,000 appropriated January 13, 1858, which 
evident^ is intended to take the place of the $3,646.60 claimed in 
Senate Document No. 67 under the appropriation of January, 1857, 
for pay of companies of minutemen commanded by Capts. John W. 
Sansom, J. M. Davenport, and R. W. Black. A certified copy of an 
act of the legislature of Texas, approved February 13, 1858, entitled 
*'An act to provide for the payment of three companies of minutemen 
commanded by John W. Sansom, John D. Davenport, and Reading 
W. Black," shows that the State appropriated $4,000, or so much 
thereof as might be necessary, for the payment of those companies of 
minutemen. It is to be observed further that the amount now 
claimed under the unexpended balance of the appropriation of 
$300,000, made February 3, 1860, is $177,145.57, while the amount 
claimed in Senate Document No. 67, under that appropriation, was 
$179,434.17. 

The documents submitted by the authorities of the State of Texas 
in support of this additional claim are: 

(a) The original ledger of the comptroller of the State of Texas, 
purj^orting to contain, in addition to other accounts, the state- 
ments of accounts under the appropriation of $4,000 (designated 
"6-~M"), and of $25,000 (designated "77-P"), before referred to. 
Duly authenticated copies of those statements of accounts accompany 
this report as Exliibit A and Exhibit B, respectively. 

(b) The original register of the treasurer of the State of Texas, 
purporting to contain a record of the payment of State treasury war- 
rants by that official, including those paid from the appropriation 
" 6-M "\and "77-?," before referred to. 

(c) The original register of the comptroller of the State of Texas, 
purporting to be a "register of 10 per tent treasury warrants" tover- 
mg the period from June 6, 1860 (the date of the first warrant issued), 
to January 10, 1862, both dates included. Accompanying and in 
support of tliis record there were submitted vouchers Nos. 1 to 219 



4 CLAIM OF THE STATE OF TEXAS. 

and 311 to 615, ^^ith the exception of Nos. 161, 181, 184, 185, 194, 
216, 436, 460, 497, 533, 554, unci 575, which, together ^^dth Xos. 220 
to 310, inckisive, it is reported have not been found; also the book 
of stubs of the warrants (Nos. 1 to 944), issued June 6, 1860, to 
January 14, 1861, against appropriation "13-0." A duly authenti- 
cated copy of so much of the register of 10 per cent treasury warrants 
issued as covers the period from June 6, 1860, to Marcn 4, 1861, 
inclusive (covering warrants Nos. 1 to 1428), accompanies this report 
as Exhibit C. Nothing has been found in the original register in 
question to show against what appropriation the warrants Nos. 1 to 
1428 were issued, but it appears from the book of stubs of warrants 
Nos. 1 to 944 that they were issued against the appropriation desig- 
nated "13-0." 

The authorities of the State of Texas also submitted to the War 
Department certified copies of the State act of February 13, 1858, 
appropriating S4,000, and of the State act of Februar}^ 8, 1861, 
appropriating $25,000. Those certified copies accompany tliis report 
as Exliibit D and Exliibit E, respectively. The act of February 3, 
1860, appropriating S300,000 (designated by the State comptroller 
as appropriation "13-0'') is printed on page 19 of Senate Document 
No. 169, Fifty-ninth Congress, first session; also on page 12 of Senate 
Document No. 67, Sixt3'-second Congress, first session. Cq:)ies of 
those documents accompany this report as Exhibit F and Exhibit 
G, respectively. 

The State act of February 14, 1860, authorizing the issue of 10 per 
cent treasury w^arrants is printed on page 14 of Senate Document 
No. 67, before referred to (Exhibit G). 

It appears from the account stated in Exhibit A that, out of the 
appropriation made January 13, 1858, and designated "6-M," a total 
of $4,000 was paid, the payments having been made May 26 and 
August 31, 1858. As the original ledger from which this account is 
extracted is a record of the office of the State comptroller, who was 
the official charged with drawing and issuing warrants on the 
State treasury, his account is believed to be the best record now 
obtainable of payments made on account of the appropriation 
under consideration. 

Bv reference to the State act making the appropriation and to 
Exliibit B, it ^nll be seen that the appropriation of $25,000 (desig- 
nated "77-P") was made Februaiy 8, 1861, and that $18,730.46 
appears to have been paid out at various dates in February, 1861, 
payments amounting to $2,976.70, made on and after March 6, 1861, 
not being included in the claim. It is to be observed that the State 
appropriation and the payments under it were made after June 21, 
1860, the terminal date fixed by tlie provision in the act of Congress, 
approved March 3, 1905, under which this claim is being considered. 
However, in this connection attention is invited to the fact that in 
the deficiency appropriation act, approved May 30, 1908 (35 Stat. L., 
500), Congress made an appropriation of $21,395.95 to reimburse the 
State of Texas for money expended after June 21, 1860, in payments 
on account of the defense of the frontier. The original ledger from 
which this account is extracted is a record of the office of the State 
comptroller, who was the oflicial charged with drawing and issuing 
warrants on the State treasury and, as stated above, that record is 



CLAIM OF THE STATE OF TEXAS. 5 

believed to be the best record now obtainable of payments made on 
account of the appropriation under consideration. 

By reference to the last page (Exhibit C) of the account of expendi- 
turek from the balance of this $300,000 appropriation (13-0), it will 
be seen that the total expenditures on that account up to and inclu*^ 
ing March 4, 1861, appear to have amounted to $179,434.17, whicJi 
is the amount shown in Senate Document No. 67, before referred to. 
Upon examination of the "Register of 10 per cent warrants," and 
comparison of the entries therein with the vouchers and the book of 
stubs of warrants, certain errors and omissions were found. There 
should be added to the amount before stated $20.20 and deducted 
from that am.ount $2,000.09, a net deduction of $1,979.89, because 
of errors in addition on the register. There should also be added to 
the amount 96 cents for errors in entries in the register of the amounts 
of warrants Nos. 370, 992, and 1393. It also appears from entries 
on the register itself, or from the book of stubs or the vouchers, that 
warrants Nos. 281, 288, 289, 419, 463, 642, and 940 were cancelled. 
The amount of these warrants ($435.58) is included in the account 
shown in Exhibit C and should be deducted from the total amount. 
This makes a net deduction of $2,414.51, and leaves the amount of 
the claim at $177,019.66. 

Nothing was found in the books and papers submitted in connec- 
tion with this account to show whether or not any of the warrants 
issued on that account were ever paid by the State. Consequently, 
the State authorities were rec^uested to submit the original warrant 
register or registers containing a record of the payment of the 10 per 
cent warrants shown to have been issued on account of the appro- 
priation designated " 13-0," if such a record exists, or, if no such record 
is found, other original record evidence of the payment of the warrants 
in question. In compliance with that request, a '' register of treasury 
warrants, bearing 10 per cent interest, numbered and countersigned 
by the treasurer, under an act of the eighth legislature (Chap. 82), 
entitled 'An act authorizing unpaid warrants on the treasury to bear 
interest,' approved February 14, 1860," was submitted by the State 
authorities. This register shows, in addition to a description of the 
warrants, the "date of pa^mient," "to whom paid," the "period of 
interest," and the amounts of interest and principal. 

From an examination of the register purporting to contain a record 
of payments of the 10 per cent warrants issued by the State of Texas 
it is ascertained that warrants issued on account of the appropriation 
"13-0" were paid as follows: 

Prior to Mar. 5, 1861, 18 warrants $2, 922. 57 

Mar. 5, 1861, to Mar. 25, 1865, inclusive, 981 warrants 125, 552. 86 

No payment shown, 435 warrants 47, 422. 91 

Total,*l,434 warrants 175, 898. 34 

The difference between the number of the warrants (1,434) shown 
by this register and the highest number (1,428) of the warrants issued 
on this account is to be explained by the fact that 6 of the warrants 
bear half numbers. 

While the register purports to show in the cases of these warrants 
"to v/hom paid," the entries in that column, while they indicate that 
many of the warrants were canceled by the comptroller and treasury 
warrants issued or that they were satisfied by the issue of cash war- 



^ 



CLAIM OF THE STATE OF TEXAS. 



rants, show in some cases that the pajmient was made "by invest- 
ment;" that the warrants were "funded," or a remark appears indi- 
cating that they were accepted on account of quartermaster sales, 
university land sales, or on account of the General Land Office. 

A comparison of the entries in the original register of the treasurer 
of the State of Texas, purporting to be a "register of 10 per cent treas- 
ury warrants," with those in the "register of treasury warrants bear- 
ing 10 per cent interest, numbered and countersigned by the treasurer, 
etc.," shows some difference in the amounts of several of the warrants. 
If the latter register, which is a record of the treasurer of the State of 
Texas, who was charged by law with the disbursement of the money, 
is accepted as the best record now obtainable of paj'^ments on account 
of the State appropriation in question, as it apparently should be, the 
total amount of the claim should be reduced by $1,121.32, the net 
difference in the amounts of the warrants in which differences between 
the two registers apiDear. If tliis deduction is made, the total amount 
of this claim of the State of Texas on account of the appropriation des- 
ignated "13-0," as substantiated by the records submitted, is 
$175,898.34. 

As was stated in a former report relative to the claim of the State 
of Texas (S. Doc. No. 169, 59th Cong., 1st sess, p. 31), the act of 
March 3, 1905, applies in terms to money actually expended by 
Texas "in payment of State volunteers or rangers." In a strictly 
military sense this can only be construed as allowing for the pay of 
the troops to the exclusion of disbursements on account of subsist- 
ence, forage, ec^uipments, ordnance stores, and other expenses. It is 
possible, however, that the expression "in payment of" may have 
teen intended by Congress to mean in payment of all of the ex})enses 
of the troops in question, including both pay allowances and other 
proper military expenses. In any event in that part of the claim 
now under consideration, as in the part of the claim for which reim- 
bursement has already been made by the United States, it is impos- 
sible to segregate the amount expended by the State for pay proper 
from that expended for other purposes, and consequently in the sum- 
mary given below no attempt has been made to state separately the 
amount expended on account of the pay of the troops, and that sum- 
mar}^ includes all expenditures for the purposes indicated in the 
respective State acts making the appropriations. 

Subject to the foregoing remarks, the following summary of the 
additional claim of the State of Texas is submitted: 

Summary. ^ 





Comptrol- 
lor's desig- 
nation of 
appropria- 
tion. 


Amount 
appropri- 
ated. 


Amount paid. 


State act. 


To and in- 
cluding 
Mar. 4, 1801, 


10 per cent 
Treasury war- 
rants issued on 
or before Mar. 
4, 1861, but not 
redeemed until 

afterwards. 


Treasury war- 
rants issued on 
or l>efore Mar. 
4. isr.l, but no 
evidence of re- 
demption sub- 
mitted. 


Total. 


Jan 13 1858 


6-M 
77- P 
13-0 


$4,000.00 

25,000.00 

1 198, 673. 26 


$4,000.00 






$4,000.00 


Feb. 8, 1861 


18,730.40 






18,730.46 


Feb. 3, 1800 


2,922.57 


$125,552.80 


$47,422.91 


175,898.34 






Total 




227,573.26 


25,653.03 


125,552.86 


47,422.91 


198,628.80 








' 





> Balance of appropriation of $300,000. 



CLAIM OF THE STATE OF TEXAS, f 

It appears, therefore, that if the issue of the 10 per cent treasury 
warrants is considered as a disbursement of funds by the State of 
Texas the total amount of this additional claim is $198,628.80. The 
''register of treasury warrants bearing 10 per cent interest, num- 
bered and countersigned by the treasurer, etc.," shows that interest 
amounting to $19,064.59 was paid or allowed on the 999 warrants the 
redemption of which is shown by that register. If this interest is 
included as an expenditure, as it probably should be, the aggregate 
amount of the clann is $217,693.39. 

If only the warrants shown to have been redeemed are to be in- 
cluded m the claim, this amount must be reduced by $47,422.91, the 
amount of the warrants the redemption of which is not shown, leaving 
$170,270.48 as the total amount of this claim. 

If only the warrants shown to have been redeemed on or before 
March 4, 1861, are to be included in the claim, the amount must be 
reduced further by $125,552.86, the amount of the warrants redeemed 
after March 4, 1861, and $18,723.87, the amount of interest paid or 
allowed on those warrants, leavmg $25,993.75 as the total amount of 
this claim. 

Respectfullj^ submitted. 

Henry P. McCain, 
The Adjutant General. 
War Department, 

The Adjutant General's Office, 

February 17, 1912. 



War Department, 

Wasliington, February 17, 1912. 
I hereby certify that the statements of accounts (Exhibits A and 
B) hereto attached are true and correct copies of those accounts as 
they appear in the original ledger of the comptroller of the State of 
Texas purporting to contain accounts of State appropriations made 
between January 5, 1854, and August 31, 1861, and that the state- 
ment of account (Exhibit C) hereto attached is a true and correct 
copy of so much of "register of 10 per cent treasury warrants" of 
the comptroller of the State of Texas covering the period from Janu- 
ary 6, 1860, to January 10, 1862, inclusive, as relates to warrants 
issued up to and including March 4, 1861, which records were for- 
warded to me by Edwin M. Phelps, State agent of the State of Texas. 

Henry P. McCain, 

Adjutant General. 

Be it known that Henry P. McCain, who signed the foregoing 
certificate, is The Adjutant General in charge of The Adjutant General's 
Department, and that to his attestation as such full faith and credit 
are and ought to be given. 

In witness whereof I have hereunto set my hand and caused the 
seal of the War Department to be affixed, on this 17th day of Feb- 
ruary, 1912. 

[seal.] Robert Shaw Oliver, 

Assistant Secretary of War. 



CLAIM OF THE STATE OF TEXAS. 



Exhibit A. 

[6-M, page 342.] 
Pay of three companies of minute men in 1856. 



, Dr. 
1858. 

May 26. To Ncill Robinson 12149.. 81,219.00 

do 12150. . 100. 00 

Aug. 31 do 12536.. 2,681.00 

4, 000. 00 



Cr. 
1858. 
Jan. 13. By appropriation. 



$4,000.00 



4,000.00 



Exhibit B. 

[77-P, page 641.] 

Pay for supplies furnished troops now on the frontier, in United States bonds. 



1861. 

Feb. i 6. To S. M. Swenson 17030.. $9,193.72 

i<^ To Norman Miller 170.31.. 651.75 

13. To Wash Hammett 17039. . 225. 00 

22. To J. A. Goodlett 17068. . 243. 25 

27. To Phelps & Prince 17072.. 100.00 

To S. M. Swenson 17077.. 8,115.00 

To E. Hardin & Co 17079. . 62. 50 

do 1 7080 . . 139. 24 

Mar. 6. To Jo. Walker 17125.. 600.00 

June 10. To S. M. Swenson 17822.. 2,271.70 

Aug. 31. To balance 3,397. 84 

25,000.00 

Oct. 29. To S. M. Swenson 18474. . 105. 00 

To balance 3, 637. 94 



3,742.94 



1861. 
Feb. 8. By appropriation. 



$25,000.00 



25,000.00 



Aug. 31. By balance 3,397.84 

1862. 
Jan. 21. By dep. warrant 4559.. 345.10 

3,742.94 

1862. 
Aug. 31. Bybalance 3,637.94 



CLAIM OP THE STATE OF TEXAS. 






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CLAIM OF THE STATE OF TEXAS. 61' 

Exhibit D. 
CHAPTER 138. 

AN ACT To provide for the payment of three companies of minute men, commanded.by Captains John^W. 
Sansom, John D. Davenport, and Reading W. Black. 

Section 1. Be it enacted by the Legislature of the State of Texas,[That the sum of four 
thousand dollars, or so much thereof as is necessary, be, and the same is hereby, appro- 
priated, out of any money in the treasury of the State not otherwise appropriated, for 
the payment of the companies of minute men commanded by Captains John W. 
Sansom, John D. Davenport, and Reading "W. Black, for service rendered on the 
frontier during the year eighteen hundred and fifty-six. 

Sec. 2. That the officers of said companies shall be entitled to one dollar and fifty 
cents per day for each and every day they actually served as oflficers of said minute 
companies, and that the noncommissioned officers and privates of said companies shall 
be entitled to one dollar per day for each day they actually served as minute men as 
aforesaid, and that the sums of one dollar and fifty cents to officers, and one dollar to 
privates, per day, shall include all the pay and allowances due them for said services. 

Sec. 3. That the company of Captain John "W. Sansom shall be paid upon the roll 
returned by him to the governor; and that the company of Captain John Davenport 
shall be paid upon his making due return of rolls of his company, properly authenti- 
cated to the satisfaction of the governor, setting forth the number of days actually 
served by each member of said company: Provided, That no member of said company 
shall be entitled to pay for more than ninety days; and that the company of Captain 
Reading W. Black shall be paid upon his making due return of the rolls of his company, 
properly authenticated to the satisfaction of the governor, setting forth the number of 
days actually served by each member of said company: Provided, That no member 
of said company shall be entitled to pay for more than sixty days. 

Sec 4. That the governor may appoint some suitable person to pay said companies 
at such times and places as he may designate; and that said paymaster so appointed 
shall be entitled to the sum of one hundred dollars as compensation in full for his serv- 
ices and expenses in making said payments; and that he shall be required to give 
bond with approved security, in the sum of eight thousand dollars, for the faithful 
performance of his duties under this act. 

Sec 5. That the treasurer shall pay over, upon the order of the governor, to the 
person appointed as paymaster under the provisions of the fourth section of this act, 
any amount of money not exceeding four thousand dollars out of any money in the 
treasury not otherwise appropriated. And that this act shall take effect from its 
passage. 

Approved, February 13, 1858. 

The State of Texas, 
departiment op state. 

I, ('. C. McDonald, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true and correct copy of sections 1, 2, 3, 4, and 5, chap- 
ter ] 38, acts of the seventh legislature, State of Texas, as the same appears in the printed 
general laws of Texas on pages 209-210, of said acts. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at my office in the city of Austin, Tex., this the 15th 
day of September, A. D. 1911. 

[seal.] C. C. McDonald, Secretary of State. 



Exhibit E. 

chapter xix, 

AN ACT Making an appropriation to pay for supplies furnished the troops now on the frontier. 

Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of 
twenty-five thousand dollars, or so much thereof as may be necessary, be, and the 
same is hereby, appropriated to pay for supplies furnished, and to purchase supjjlies 
for the troops now on the frontier, which appropriation shall be paid out of the United 
States bonds now in the treasury, arising from the sales of the university lands; the 



62 CLAIM/OF THE STATE OF TEXAS. 

said bouds to be paid out at their comnu)u market value, and the amount so paid shall 
become a charge against the State, and ba returned to the university fund without 
interest whenever tne condition of the treasury will allow the same to be done. 

Sec. 2. This act shall take effect and be in force from and after its passage. 

Approved February 8, 1861. 

The State of Texas, 
department of state. 

I, C. C. McDonald, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true and correct copy of sections 1 and 2, Chapter XIX, 
acts of the extra session of the eighth legislature, State of Texas, as the same appears 
in the printed general laws of Texas on page 17 of said acts. 

In testimony whereof I have hereunto signed my name oflBcially aud caused to be 
impressed hereon the seal of State at my office in the city of Austin, Tex., this the 15th 
day of September, A. D. 1911. 

[seal.] C. <\ McDonald, Secretary of State. 



Exhibit F. 

[Senate Document No. 169, FUty-nintb Congress, first session.] 

War Department, 
Washington, January 27, 1906. 
Sir: The act of Congress "making appropriations to supply deficiencies in appro- 
priations for the fiscal year ending June 30, 1905, and for prior years, and for other 
purposes," approved March 3, 1905, contains the following provision: 

"The Secretary of War is hereby directed to inquire, and report to Congress for its 
consideration, what sum or sums of money were actually expended by the State of 
Texas during the period of time between February twenty-eighth, eighteen hundred 
and fifty-five, and June twenty-first, eighteen hundred and sixty, in payment of 
State volunteers or rangers called into service by authority of the governor of Texas, 
in defense of the frontier of that State again.«t Mexican marauders and Indian depre- 
dations, for which reimbursement has not been made out of the Treasury of the 
United States." 

In compliance with this provision of law I have the honor to transmit herewith a 
report of the result of an investigation, made by my direction, by the Military Secre- 
tary of the Army, with regard to the subject of the legislation in question. 
Very respectfully, 

W. H. Tapt, Secretary of War. 
The President of the Senate. 



CLAIM of the state OF TEXAS FOR REIMBURSEMENT FOR MONEY ACTUALLY EXPENDED 
BY THAT STATE BETWEEN FEBRUARY 28, 1855, AND JUNE 21, 1860, IN PAYMENT OP 
STATE VOLUNTEERS OR RANGERS IN SERVICE IN DEFENSE OF THE FRONTIER OP 
THAT STATE AGAINST MEXICAN MARAUDERS AND INDIAN DEPREDATIONS. 

The act of Congress "making appropriations to supply deficiencies in the appropri- 
ations for the fiscal year ending June 30, 1905, and for prior years, and for other pur- 
poses," approved March 3, 1905, contains the following provision: 

"The Secretary of War is hereby directed to inquire, and report to Congress for its 
consideration, what sum or sums of money were actually expended by the State of 
Texa.s during the period of time between February twenty-eighth, eighteen hundred 
and fifty-five, and June twenty-first, eighteen hundred and sixty, in payment of 
State volunteers or rangers called into service by authority of the governor of Texas, 
in defense of the frontier of that State against Mexican marauders and Indian depre- 
dations, for which reimbursement has not been mad a out of the Treasury of the United 
States." 

The earliest action of the State of Texas looking toward the reimbursement of 
that State by the United States for expenditures on account of its rangers and volun- 
teers, called into service for the protection of the frontier, appears to have boon a 
joint resolution of the State legislature "Requesting our Representatives and instruct- 



CLAIM OF THE STATE OF TEXAS. 63 

ing our Senators in the United States Congi'ess to call upon the United States Gov- 
ernment to refund the money heretofore paid out by the State of Texas for the defense 
of her frontier since the 28th day of February, 1855." The copy of this resolution on 
file in this office does not show the date of its approval, but it is certified, under date 
of November 23, 1857, as a true copy of the original on file in the department of state 
of Texas. (1344 W. D., 1872, inclo! 60.) 

Under date of October 8, 1858, the governor of Texas wrote to the Secretary of War, 
inclosing "An abstract from the comptroller's office of the dil'ferent sums appropriated 
by the State of Texas for protection against the Indians, and now remaining unpaid 
by the Government of the United States." That statement is printed in Executive 
Document No. 27, House of Representatives, Thirty-fifth Congress, second session, 
pages 44-47, it having been transmitted to that body January 6, 1859, with other 
papers, by the Secretary of War, in compliance with a resolution of the House of 
Representatives of December 23, 1858, requesting copies of certain correspondence 
relating to the protection of the frontier of Texas. It shows — 

Amount appropriated .|184, 544. 51 

Amoimt paid 148, 998. 75 

Balance of appropriation assumed by the State and subject to be 
drawn 35, 545. 76 

The consideration of this claim in Congress resulted in the insertion in the "Act 
making appropriations for the sup]:)ort of the Army for the year ending the 30th of 
June, 1860," approved March 3, 1859, of a section which provides — 

"That the Secretary of War be, and he is hereby, authorized to repay to the State 
of Texas, out of any money in the Treasury not otherwise appropriated, moneys 
advanced by that State for the payment of six companies of mounted volunteers 
called into service by General Persifor F. Smith on the first of November, eighteen 
himdred and fifty-four, for three months: Provided, That there shall be no greater 
pav or allowances to these companies than was given to similar troops in the service 
of the Uni'ted States. " (11 Stat. L., 434.) 

There had theretofore been appropriated for the expenses of these six companies 
$137,755.38 in the act of Congress approved March 3, 1855, making appropriations 
for the support of the Army (10 Stat. L., 636), and 125,000 in the act approved March 
3, 1855, making appropriations for the civil and diplomatic expenses of the Govern- 
ment (ibid., 673), making a total appropriation, March 3, 1855, for these six compa- 
nies of $162,755.38. It appears, from a statement printed on page 4 of Executive 
Document No. 277, House of Representatives, Forty-second Congress, second session, 
that between the date of this appropriation and June 30, 1859, there* was paid out 
on this account $93,612.47, and that on the latter date (June 30, 1859) the balance, 
$69,142.91, was carried to the surplus fund. The records of the Treasury Department 
undoubtedly show in detail the expenditures under this appropriation. 

The subject of reimbursement of the State of Texas on account of these claims 
was again before Congress in 1860, and the Secretary of War, in compliance with a 
request for information on the subject, transmitted to the Senate Committee on 
Militarv Affairs, under date of March 31, 1860, reports of the second and third aud- 
itors relative to the Texas claims. (1344 W. D., 1872, inclo. 51, 61, and 63.) Con- 
sideration of the matter by Congress at this session resulted in the insertion of section 
6 in the Army appropriation act approved June 21, 1860. That section reads as 
follows: 

''And he it further enacted, That the provisions of the second section of the act of 
third March, eighteen hundred and fifty-nine, chapter eighty-three, be extended so 
as to include all the moneys advanced by the State of Texas in payment of volun- 
teers called out in defence of the frontier of that State since the twenty-eighth of 
February, eighteen hundred and fifty -five: Provided, The Secretary of War shall be 
satisfied that there was necessity for calling out these troops, that they were called 
out by competent authority, and that the amount so claimed was actually paid by 
the said State. And that the amount hereby provided for shall not exceed the sum 
of one hundred and twenty-three thousand five hundred and forty-four dollars and 
fifty-one cents: Provided further. That compensation shall only be allowed for the 
period during which said troops were actually employed in military service. (12 
Stat. L., 68.)" 

It appears that the maximumlimit of expenditures under this provision ($123,544.51) 
was determined by deducting from the total amount then claimed by the State 
($184,544.51) the amount ($61,000) claimed on account of the six companies for which 
provision was made in the act of March 3, 1859, hereinbefore cited. 

The secretary of state of Texas was advised by the Secretary of War, September 
11, 1860, that "in order to procure the settlement of the account for expenses incurred 



64 CLAIM OF THE STATE OF TEXAS. 

by the State of Texas for frontier defenses, a full statement of that account, properly 
sustained by original vouchers, should be transmitted to this Department." 

On November 15, 1860, the Secretary of War rendered the following decision in 
the case: 

"I have examined and considered the evidence submitted for my decision on the 
question presented in the proviso to the sixth section of the act of June 21, 1860, 
making ' appropriations for the support of the Army for the year ending 30th June, 
1861," and am satisfied that there was a necessity for calling out the Texas Volun- 
teers mentioned, and that they were called out by competent authority. 

"Tlie second auditor will therefore have the claim of Texas audited under the pro- 
visions of the said sixth section as soon as the proper vouchers of the State are received 
by him." 

The report of the second auditor, dated February 13, 1861, with a list of exceptions 
to the claim, and the report of the third auditor, dated February 23, 1861, are printed 
in Executive Document No. 277, House of Representatives, Forty-second Congress, 
second session, pages 134 to 138. In the report of the second auditor it is stated that 
"Inasmuch as your predecessor, on the 15th of November, 1860, decided the neces- 
sity for calling out troops by the State of Texas, and that they were called out by 
competent autliority, I have now only to consider two points, to wit, first, that the 
amount now claimed was actually paid by the State of Texas; secondly, the compen- 
sation to be allowed is only for the period during which said troops were actively 
employed in military service. (8116, W. D., 1871, inclo. 1564 and 1655.)" 

The comptroller of the State of Texas, having learned from the auditor's report in 
the case of the informalities in the papers and deficiencies in the evidence of such a 
character as to render it necessary that the papers should be returned to Texas for the 
purpose vi being perfected, asked permission to withdraw all the papers in the case. 
(1344. W. D.. 1872, inclo. 46.) The papers appear to have been returned to the State, 
and the breaking out of the Civil War soon afterwards put a stop to further negotiations 
for the settlement of the claim at that time. 

It appears tha( none of the money appropriated for the payment of Texas Volunteers 
by the acts of March 3, 1859, and June 21, 1860, was disbursed; and a resolution was 
adopted in the House of Representatives January 18, 1872, directing the Secretary of 
W^ar "to inform tliis House why the money appropriated under the acts of Congress 
March 3. \i>b9. and June 23 [21], 1860, has not been paid to the State of Texas as pro- 
vided for in said acts." In reply to this resolution the Secretary of War transmitted 
to the Hoiise of Representatives "A copy of a letter of November 11, 1871, from the 
secretary of state of Texas to the Secretary of the Treasury, showing why the money 
had not been paid prior to that date, and a copy of a letter of Noveniber 16, 1871, 
from the Secre'tary of War to the secretary of state of Texas, showing why the money 
had not been paid since the last-mentioned date." 

The letters referred to by the Secretary of War are printed on pages 141 and 142 of 
Executive Document No. 277, House of Representatives, Forty-second Congress, 
second session. 

Nothing further appears to have been done with regard to the claim until 1871, when 
it wa.* revived by an act of the Legislature of the State of Texas, approved May 12, 1871. 
The manner of the presentation of this claim to the United States and the executive 
action thereon appear in Document^ Nos. 127-137, pages 140-145, of Executive Docu- 
ment No. 277, referred to above. The abstracts submitted with the claim substitute 
the amount .'?152,274.66(the amount paid from State appropriations) for the $184,544.51 
(the amount appro})riated by the State) claimed prior to 1861. To this has been added 
$57,382.33. paid to companies of J. Bourland, J. H. Brown, and J. S. Ford, and 
$13,3.14.77 for advances made for military services on the Rio Grande, making the 
total amount of the claim, as then stated, $223,011.76. 

It appears that the claim was referred by the Secretary of War to Lieut. Thomas II. 
Bradley. Twenty-first Infantry, for examination of the evidence submitted and report 
on the claim. Lieut. Bradley's report, dated April 27, 1872, was transmitted by the 
Secretary of War to the House of Representatives Ajiril 30, 1872, "in accordance with 
the request of its Subcommittee on Appropriation-^" for a report concerning the history 
and character of certain claims of the State of Texas. It is printed as Executive 
Document No. 277, House of Representatives, F'orty-second Congress, second session, 
and contains — 

(1 ) A r6sum6 of "the condition of affairs that may have rendered it necessary, from 
time to time, to employ Texan Rangers, or volunteers, within that State" at various 
dates between Novemlier 1, 1854, and some time in September, 1860, for the purpose 
of supjiressing Indian hostilities on the frontier; 

(2) An exhibit of the character of the troops, the circumstances under which 
employed, and, as far as ascertained, a history of their services; and 

(3) An analysis of the accounts in the claim in question. 



CLAIM OF THE STATE OF TEXAS. 65 

In his examination of the rolls and vouchers sul)init ted with the claim, Lieut. Bradley 
found errors in addition amounting to $132.13. The correction of these errors makes 
the total amount of the claim $223,143.89. He presents (p. 65), as the result of his 
analysis of the vouchers, a tabular summary, in which he recommends that 165,942.05 
be allowed, $24,915.54 suspended, and $132,286.30 disallowed. In order that this 
tabular statement might not be n:iisconstrued, Lieut. Bradley submitted— 

■'That the evidence found in reference to these Texas claims does not exhibit any 
good ground for actual responsibility on the part of the United States Government 
for anything more, in this case, than $20,225.35, which, in the 's\niopsis,' is the sum 
of the first two items for the troops of class 1, and that the Ijalance, viz, .$202,918.54, was 
paid on ac(,'ount of troops or rangers, for the employment or support of which the 
United States, or their duly authorized agents, aside from the act of June 21, 1860, 
were not at all responsible." 

It does not appear that any legislative action resulted from the transmission of this 
report to Congress. 

The claim was again revived by a letter from the governor of Texas, under date of 
December 24, 1875, to the Texas delegation in Congre.ss. With that letter were 
inclosed two statements of the expenditures on account "frontier protection," those 
statements being certified by the comptroller of the State as true and correct state- 
ments as shown by the records of his office. The first is a "statement of amounts paid 
by the State of Texas for frontier protection from January 28, 1855, to January 28, 
1861," and amounts to $509,111.95. The second is a "statement of amounts paid 
by the State of Texas for 'frontier protection, '" for troops called out subsequently to 
October 14, 1865, and amounts to $1,027,375.67. (The latter does not fall within'the 
scope of this inquiry, and, besides, it was subsequently disposed of under the act of 
Congress approved June 27, 1882, 22 Stat. L., 111.) 

This letter was followed, January 6, 1876, by the introduction in the House of 
Representatives of a joint resolution (H. J. Res. 23) authorizing and directing the 
Secretary of the Treasury to pay to the State of Texas $1,536,417.62, with lawful 
interest thereon — 

"to reimburse said State for moneys paid as compensation and for support for troops 
for the defense of the frontiers of Texas from the twenty-eighth day of February, 
eighteen hundred and fifty-five, to the commencement of the late Civil War, and 
from the commencement of the administration of the State government by Andrew J. 
Hamilton to the present time." 

This resolution was referred to the Committee on Military Affairs, and that committee 
resolved that the resolution and the accounts filed therewith — 

"be referred to the Secretary of War, with the request that he wall have the amounts 
for said expenses duly inspected and make report thereon of the amomit really due 
the State of Texas on accoimt of the same." 

The Secretai-y of War, under date of December 26, 1876, replied that— 
"this department possesses no evidence concerning the accounts of the State of Texas, 
further than the statements on two abstracts, which are for $1,536,487.62, and which 
were received from the committee, and except accounts for $223,143.89. The latter 
were examined at this department in the year 1871, and they were reported upon in 
full, as appears in House Executive Document No. 277, second session Forty-second 
Congress." 

This resolution and the correspondence relating to it is printed in Executive Docu- 
ment No. 14, House of Representatives, Forty-fourth Congress, second session. The 
resolution does not appear to have become a law. 

The claim was again before Congress in 1877, and on November 13, 1877, the Senate 
Committee on Military Affairs transmitted to the Secretary of War a copy of Senate 
bill 165, to reimbm-se the State of Texas for expenses incurred by said State in repelling 
invasions of Indians and Mexicans, and requested an expression of his views as to the 
propriety of so reimbm-sing the State of Texas, together with such information respect- 
ing the same as might tend to guide the committee in its action on that bill [9374 
W. D., 1877, with R. and P. 7507861 The Secretary's reply is printed in Senate 
Executive Document No. 19, Forty-fifth Congress, second session. That document 
also contains a reprint of Executive Document No. 277, House of Representatives, 
Forty-!*econd Congress, second session, and Executive Document No. 14, House of 
Representatives, Forty-fourth Congress, second session, to which documents the atten- 
tion of the committee was invited by the Secretary of War. This bill (S. 165) also 
failed to become a law. 

The claim of Texas, with those of other States, was again under consideration in 1880. 
Under date of January 16, 1880, the Senate Committee on Claims transmitted to the 
Secretary of War a copy of a bill (S. 1028) in relation to the claims of States against the 
United States, and requested — 

H. Doc. 551, 62-2 5 



66 CLAIM OF THE STATE OF TEXAS. 

■'all the information and fiuts shown by the records, or known in your def)artnient, 
touching the claim of each State of the Union aa:aini*t the United States, the number 
of such claims, the character and amount of each, what action has been taken in rela- 
tion to each, and the views of vour department as to the jiroprietv of the j)assafre of 
the bill. («10 W. D.. 1S80, with R. and P. 7507S(i.)'" 

In reply to this inquirv the Secretary of Wat transmitted to the Senate, under date 
of February «, 1880- 

"a report i)rej)ared by First Lieut. Thomas H. Bradle\-. Twenty-first Infantry, exam- 
iner of State claims in this office, which exi)resaes the views of this department upon 
the subject." 

This report, with the accompanying documents, is j)rinte(l in Senate Executive 
.Document No. 74, Forty-sixth Congress, second ses.sion. 

With regard to this claim of Texas and similar claims, Lieut. Bradley said: 

"The claims of the second grand class, namely, those which are not included in the 
Civil War division, are for reimbursement of expenditures alleged to have been made 
in repelling Indian invasions, and in sujjpnrtintr State troops employed on account of 
Indian wars, and so forth. The character of these claims may be ascertained by a 
reference to Senate I^xecutive Document No. 19. second session Forty-fifth Congress. 
A copy of this document is hereto annexed, marked ''B," and on page 77 of it appears 
the following: 

" 'And I fiu-ther submit that a reimbursement of the last-mentioned amount ($202,- 
918.54), or a recognition of the .•services of the men to whom it was paid, will be the 
commencement of a responsibility of which the end — though it may be made to 
appear in the c-ase of the State of Texas — can not be foreseen so far as the I'nited 
States Government may be concerned. 

* ■X- * * -X- * -if 

" 'The second class of claims, namely, tho>e for repelling Indian itivasions and 
employment of irregular troops, so far as rei)orted at present, amount to SI, 705, 094. 35. 
Of this sum Texas claims .?L53fi.4S7.62, and Florida claims .'?I(>S.60().73.' " 

No legislation in the interest of the State of Texas resulte<l from this report. 

This claim was again brought to the attention of the United Stales in 1889 by Hon. 
Joseph D. Sayers, then a Refuesentative in Congress fi-om the State of Texas. Under 
date of August 5, 1889, he wrote to the Secretary of the Treasury with regard to the 
matter. Following is a copy of that letter and the indorsements thereon, which show 
the action of the Treasury Department on the case: 

Bastrop, Tex., August .5, 1889. 
Dear Sir: At the request of the governor of Texas. I write to ask that you will inform 
me as to the status of the claim of Texas for reimbursement for moneys paid out for 
frontier defense under acts of Congress of March 3, 1859, and June 21, 18G0. In pur- 
suance of these acts the State of Texas endeavored to establish her claim, hut failed to 
secure its payment. You will oblige me by fiu-nishing me, so far as the books of the 
Treasury and the papers on file will show, a full and succinct statement of what has 
been done in the premises, and also what debits and credits, if any, have l)een made. 
Very respectfully, your obedient servant, 

Joseph D. Sayers, 
Member of CrDiorfsa. Terns. 
The Secretary of thk Treasury. 

Treasury Department, August IS, 1889. 
3lespectfully referred to the honorable third auditor for re])ort. 

Geo. S. Batcheller, 

Assistant Secretary. 

Treasury Departme.vt, Third Auditor's Office, 

August 16, 1889. 
Respectfully returned to the honorable Secretary of the Treasm-y, with the infor- 
mation that the claim referred to within is not on file in this office. The act^s men- 
tioned by the writer confer authority solely ujjon the Secretary of War to reimburse 
the State of Texas for moneys advanced by that State in payment of volunteers called 
out in defense of the frontier. A report upon this subject was submitted by the Secre- 
tary of War to the Senate February 6, 1880. (Vide Ex. Doc. 74, 46ih Cong., 2d sess.) 
I presume the papers representing the claim are on the tiles of the War Department. 

Jno. S. Williams, Auditor. 



CLAIM OF THE STATE OF TEXAS. 67 

Treasury Depautmknt, August i:, 1889. 
Respectfully referred to the honorable second auditor for any information the 
Tecords of his ottice may afford in this case. 

Geo. S. Batcheller, 

Acting Secretnri/. 

Treasury Department. Second Auditor's Office, 

August -.'?, 1889. 
Respectfully retm-ned to the honorable Secretary of the Treasury. 
The claim of the State of Texas for reimbursement of moneys expended for frontier 
-defense, 1855 to 1861, has never been audited, and therefore no charges or credits have 
been made. Full information in regard to said claim will be found in the i-eports 
submitted to Congress by the Secretary of War April 30, 1872, and February (i, 1880, 
which are printed as House Executive Document No. 277, Forty-second Congress, 
second session, and Senate Executive Document, Forty-sixth Congress, second session, 
respectively. I suggest that the Secretary of War can best give the present status of 
the claim in question, as all papers in the case filed in this office were returned to him, 
by his request, February 13, 1872, as appears by the second auditor's letter of that date, 
a copy of which is inclosed. 

J. H. Franklin, Acting Auditor. 

Trea.sury Dep.vrtment, August 23, 1889. 

Respectfully referred to the honorable Secretary of War. 
Mr. Sayers has been informed of this reference. 

Geo. S. Batcheller, Acting Secretary. 

On the same date (Aug. 5, 1899) Representative Sayers wrote to the Secretary of 
War on the same subject. Following is a copy of that letter and the indorsements 
thereon, which show the action of the War Department on the case: 

Bastrop, Tex., August 5, 1889. 

Dear Sir: Respectfully inviting your attention to the acts of Congress of March 3, 
1859, and June 21, 1860, 1 have to request that you Avill cause me to be furnished 
with a full and complete statement of the present status of the claim presented by the 
State of Texas for reiml>iu-sement for moneys paid out for frontier defense in pursu- 
ance of said acts. 

I am aware that T>ieut. Thomas H. Bradley, United States Army, did on the 27th 
day of April, 1872, make a report to the Secretary of War upon this claim, but it is 
believed that a tliorough and fair analysis of the report clearly shows that his con- 
clusions were not based either upon a proper consideration of the evidence submitted 
in support of the claim or upon a proper interpretation of the language of the laws 
in pursuance of which the claim was presented. 

In addition to the information above requested, I have to ask, in behalf of the 
State, that you will reopen the case and permit the State, by her duly accredited 
agent, to appear before you or before whome\er you may designate to reexamine the 
•claim and to establish, if it be possible, her right to its payment as presented. 
I have the honor to be, very respectfulty, your ol)edient servant, 

Joseph D. Savers, 

.\fember of Congress. Te.ras. 
The Secretary of War. 



War Department, E.xaminers State War Claims, 

Washington, D. C, August If, 1889. 

The letter of the Hon. J. D. Sayers, with reference to the Texas claims for war 
expenses prior to 1861, is returned herewith. Your examiners of State war claims 
are acting under the act of Congress of August 4, 1886, and Senate resolution of Feb- 
ruary 27, 1889, aud ha\e no knowledge of the claim mentioned by Mr. Sayers and no 
data for answering it, except that of printed public documents, which are already 
accessible to him. 

Very respectfullv, James Riddle, 

Lieutenant Colonel Fifth Cavalry, Senior Examiner. . 



68 CLAIM OF THE STATE OF TEXAS. 

War Depart.mi-.nt. December 13, 18S9. 
The papers in rlie claim of the ."rtate ol Texas, luider the acts of March 3, 1859, and 
June 2], ISCO. are herewith reppectfully referred to the Third Auditor of the Treas- 
ury for such action as tlie accountinji oflioers of the 'I'reasury may deem proper imder 
section 23() of the Revised Statutes and the laws applicable to appropriations carried 
to the surplus fund. 

Hon. Mr. Sayers has tliis day been advised of this action. ])ress copy of letter 
herewith. 

Hedfield Proctor, Seartary of War. 

The letter to Hon. Mr. Sayers, to which reference is mftde in the last indorsement 
quoted above, read as follows: 

War Department, 
Washington City, December 13, 1889. 

Sir: I have ihe honor to ackiioAvlcdge receipt of your request of Aiigust 5, 1889, 
for a full and complete statement of the claim of the State of Texas, under the acts 
of March 3, 1859 (11 Stat. L., 434), and June 21, 1860 (12 Slat. L., 68). for moneys 
paid out for frontier defense; that the case be reopened by the War Department, 
and that the State be permitted to establish her right to the payment of the claim 
as presented. I have also received from the Treasury Department your similar let- 
ter to the Secretarj- of the Treasury. 

Replying to the same, I have to invite your attention to the docimient herewith, 
Senate No. 19, Forty-fifth (.'ongress, second session, which appears to contain a full 
statement of the claim and of tlie action thereon. 

The letters of the second auditor, dated February 13, 1861, and third auditor, 
February 23, 1861, pages 144 to 148 of said document, show that the claim was not 
submitted in shape for allowance prior to tlie late rebellion. 

The amount, $123,544.51. appropriated for payment of the claim by section 6 of 
the act of June 21. 1860 (12 Stat. L., 68). was, under section 10 of the'act of August 
31, 1852 (10 Stat. L., 98), con.sidered to have 'cea-sed and determined" and was 
carried to the surplus fund June 29, 1863. (See Secretary Belknap's letter of Nov. 
16, 1871, p. 152 of said document.) 

The claim was again })re.-^ented in 1871; was examined in this department, and the 
report of the examining ofticer was transmitted by Secretary Belknap to the House 
of Representatives April 30, 1872 (pp. 13 to 77 of said document). After that exami- 
nation the claim could have been forwarded to the accounting officers of the Treasury 
Department for their action under section 236 of the Revised Statutes, the examina- 
tion of such claims in this department being subject to the review of said officers. 

The papers were, however, placed on file here; but I see no reason why they 
should not be referred to the accounting officers, who, after an examination of the 
case, can determine whether the laws governing the settlement of claims against 
appropriations which have been carried to the surplus fund now authorize the set- 
tlement of the present claim without further action by Congress. 

I have therefore referred the claim to the Third Auditor of the Treasury, in whose 
office State claims are examined. 

Respectfully, Redfield Proctor, 

Secretary of War. 

Hon. Joseph D. Sayers, 

Hoxise of Represcnlalives. 

The claim was subsequently considered in the Treasury Department, and on Decem- 
ber 21, 1889, the third auditor made a report to the second comptroller on the subject. 
That report and the decision of the comptroller thereon were as follows: 

Treasury Department, Third Auditor's Office, 

December 21, 1889. 
Hon. Second Comptroller: 

I in^^te attention to indorsement by the Secretary of War, December 13, 1889, 
transmitting the case to this office, also to the views expres.sed by the Secretary in 
his letter (see copy) to Hon. Joseph D. Sayers of same date. 

It seems that the claim was found not to have been sufficiently prepared by the 
State to admit of final adjudication, and that the State had not supplied the defi- 
ciencies up to the time of the breaking out of the rebellion, and by reason of these 
causes no settlement was made by the Secretary of War. The Secretary now con- 
eiders (see letter to Mr. Sayers) that all authority conferred by the two acts upon the 
Secretary of W^ar to settle this claim long ago ceased and determined by reason of the 
falling back of the appropriation into the surplus fund under operation of section 10, 
act August 31, 1852 (10 Stat. L., 98). 



CLAIM OF THE STATE OF TEXAS. G9 

If the two acts had conferred upon the Treasury Department any jurisdiction in 
this matter, which seems clearly not to have been the fact, it is evident that the 
lapsing of the appropriation would in like manner have terminated and destroyed 
that jurisdiction also, its effect being to terminate any and all jurisdiction, wherever 
located. 

Section 236, Revised Statutes, has no bearing upon this case. The claims against 
the United States to which it relates are those which in their origin and inception 
are debts and obligations of the United States. The General Government can not 
become liable by reason of a contract or act of a party, unless he be a duly empowered 
officer of the United States acting in its name and under authoritj^ of its law. 

The act of a State officer in calling State militia into State service under State law 
is wholly powerless to charge any debt upon the United States for any expense thus 
incurred. 

If Congress deemed the case one in which it would be right for the United States 
to lift the bui'den off the State, it has power, to assume the debt or expense for the 
United States. No other authority in the land has that power, and until Congress 
enacts such assumption no executive or judicial officer or department can recognize 
such expense as any debt or obligation of the United States. 

And in making such assumption Congress has the sole right to prescribe all terms 
and limitations, the extent and manner of the relief, and to what officer or tribunal 
it will commit the authority to investigate and to determine the amount due. What- 
ever provisions it deems fit to make in these respects for the particular case must 
exclusively and absolutely govern that case. 

In the case now under consideration the two acts of Congress authorized the Secre- 
tary of War, and no other officer, to adjust and settle the claim. Hence, it is entirely 
clear that the accounting officers of the Treasury have never had any jurisdiction in 
the matter. 

I recommend that the papers be returned to the Secretary of War, with opinion 
that no jurisdiction in the matter has ever been conferred by law upon the accounting 
officers of the Treasury. 

Respectfully, W. H. Hart, Auditor. 

Second Comptroller's Office, February 11, 1890. 
Respectfully returned to the third auditor with my concurrence in his recommen- 
dation that the papers be returned to the Secretary of War, with opinion that the 
accounting officers have now no jurisdiction in the matter. , 

B. F. GiLKESON, Comptroller. 

In accordance with this decision the papers in the claim were returned to the War 
Department February 13, 1890. They are now on file in this office and include the 
vouchers enumerated on pages 35-65 of the report printed in Executive Document No. 
277, House of Representatives, Forty-second Congress, second session. 

Under date of February 19, 1890, Hon. Joseph D. Sayers again wrote to the Secretary 
of War concerning this claim. A copy of that letter and of the inclosure referred to 
therein follows: 

House of Representatives, 
Washington, D. C, February 19, 1890. 
Dear Sir: I have the honor to respectfully call your attention to the inclosed com- 
munication from the Second Comptroller of the Treasury, which explains itself. 

The report upon this claim was made by a single officer and, in my opinion, is 
clearly unjust to the State of Texas, and I have therefore to request that you will cause 
a second examination of the claim and of the vouchers accompanying it by a board of 
officers, with directions to report thereon. The claim was once recognized by Con- 
gress, and though an old one is certainly just in every respect, and I trust that you 
may see your way to another and thorough investigation of the matter. 
Very respectfully, your obedient servant, 

Joseph D. Sayers. 
Member of Congress, Texas. 
The Secretary of War. 



Treasury Department, Second Comptroller's Office, 

Washington, B.C., February 12, 1890. 
Sir: I have the honor to herewith return to you Executive Documents Nos. 19 and 
74 furnished this office some time since in connection with the consideration of the 
claim of the State of Texas against the Government for "frontier defenses." 



7iO CL-VIM OF THE STATE OF TEXAS. 

I have also to inform you that the accounting officers of the Treasury have no juris- 
diction to consider, settle, and certify said claims. 

The papers and A-ouchers in said claims have been returned to the honorable third 
auditor with the request that he return ihem to the honorable Secretary of War for 
such disposition of them as he shall deem proper. 

Very re.-pectfully, B. F. Gilkeson, 

Comptroller. 
Hon. Joseph D. SAYErts, 

House of Representatives, Washington. 

The case was referred to the Acting Judge Advocate General for report. He returned 
it by indorsement, as follows: 

W.iR Department, 
Judge Advocate General's Office, 

Washington, D. C, February 26, 1890. 

Respei't fully returned to the Secretary of War. 

In reference to the claims of the State of Texas under acts of March 3, 1859, and 
Jime 21, 1800, which were reported upon under the direction of the Secretary of War 
in 1871, Hon. Joseph I). Savers asks the Secretary of War to cause a reexamination 
of them to be made by a l)Ocud of officers, with directions to report thereon, and he 
assigned as a reason for his )equest that, in his opinion, the report originally made by a 
single officer was clearly unjust to the State of Texas. 

The original report upon the claims in question, and of the injustice of which Hon. 
J. D. Sayers complains, has been submitted to both branches of Congress and is found 
in a niunber of congressional documents in connection with proposed measiu-es for 
the relief of the State of Texas on the payment of State claims. (See H. Ex. Doc. No. 
277, 42d Cong., 2d sess.; S. Ex. Doc. No. 19, 45th Cong., 2d sess.; S. Ex. Doc. No. 74, 
46th Cong., 2d sess.). 

In view of this state of facts this office is of opinion that the jurisdiction of the War 
Department in the premises is exhausted and that therefore, without authority from 
Congress, there is no power to take the action requested by Hon. J. D. Sayers. 

J. D. Clous, Judge Advocate in Charge. 

The Secretary of War, re])lying to th(> letter of Hon. Joseph D. Sayers, \vrote as 
follows: 

Wak Department, 
Washington, February 27, 1890. 

Sir: Referring to this department's letter to you dated December 13, 1889, and 
replying to yours of Februarv 19, 1890, both concerning the claim of the State of Texas 
under the acts of March 3,"l859(ll Stat., 434), and'June 21, I860 (12 Stat., 68), I 
herewith inclose a copy of the decisions of the third auditor and second comptroller, 
dated, res])ectively, December 21, 1889, and February 11, J890, in the matter. I also 
append the rej)ort of the officer in charge of the Judge Advocate General's Office, 
dated February 26, 1890, as follows: 

"In reference to the claims of the State of Texas under act of March 3, 1859, and 
June 21, 1860, which were reported upon under the direction of the Secretaiy of War 
in 1871, the Hon. Joseph D. Sayers asks the Secretary of War to cause a reexamination 
of them to be made by a board of officers with directions to rejjort thereon, and he 
assigns a.s a reason for his request that, in his opinion, the report oris^inally made by 
a single officer was clearly unjust to the State of Texas. The original report upon the 
claims in question, and of the injustice of which the Hon. J. D. Sayers complains, has 
been submitted to both branches of ( 'ongress and is found in a nimiber of congiessional 
documents in connection with jjroposed measiu-es for the relief of the State of Texas 
on the payment of State claims. (See H. Ex. Doc. No. 277, 42d Cong., 2d sess. ; S. Ex. 
Doc. No. If), 45th Cong., 2d .sess.; S. Ex. Doc. No. 74, 46th Cong., 2d sess.) In view 
of this slate of facts, this office is of o[nnion that the juri.sdiction of the War Department 
in the ))remi.ses is exhausted arid that therefore, without authority from Congress, 
there is no power to take the action requested by the Hon. J. D. Sayers." 

It appears from the decision of the accoimting officers that the lapsing of the appro- 
priation under section 10 of the act of August 31, 1852 (10 Stat., 98), terminated any 
and all jurisdiction of the ca.«e wherever located, and in view thereof and of the above 
report of the judge advocate, the department is of o])ini()n that the ca.«e must await 
the action of Congress. 

Respectfully, Redfield Proctor, 

Secretary of War. 

Hon. Jo.sEPH D. Sayers, 

House of Representatices. 



CLAIM OF THE STATE OF TEXAS. 71 

It will be seen from the documents and papers hereinbefore referred to that the 
amount claimed by the State of Texas on account of money expended for troops in 
service prior to the Civil War was $184,544.51 when the claim was first presented in 
1858; when that claim was renewed in 1871 it nmounted to $223,143.89, and the cer- 
tificate of the State comptroller made in 1875 shows a total expenditure on this account 
of $509,111.95. 

It is to be observed that the act of March 3, 1859 (11 Stat. L., 434), authorizing the 
reimbursement of the Stale of Texas for money advanced for the payment of six com- 
panies of mounted volunteers called into service November 1, 1854, provides "that 
there shall be no greater pay or allowances to these companies than was given to 
similar troops in the service of the United States," and that the act of March 3, 1860 
(12 Stat. L., 68), extending the provisions of the act of March 3, 1859, to other troops, 
provided that "the Secretary of War shall be satisfied that there was necessity for 
calling out these troops; that they were called out by competent authority, and that 
the amount so c-laimed was actually paid by the said State," and "thatVompensa- 
tion shall only be allowed for the period during which said troops were actively em- 
ployed in military service." 

When the claim was before the department in 1871-72 it appears to have been 
considered with a view to furnishing to Congress a report concerning the history and 
character of the claim. From the report submitted it appears that the validity of 
the claim and the sufficiency of the vouchers submitted were considered in making 
up that report. 

In 1876 the claim was considered by the department in compliance with a request 
of the Military Committee of the House of Representatives that the Secretary of War 
"will have the amounts for said expenses duly inspected and make report thereon of 
the amount really due the State of Texas on account of- the same." 

When the claim was considered in 1877 it was taken up on a request of the Senate 
Committee on ^lilitary Affairs for an expression of the views of the Secretary of War 
as to the propriety of reimbursing the State of Texas. 

In 1880 this claim was considered, with the claims of other States, under a call of 
the Senate Committee on Claims for — 

"all the information and facts shown by the records, or known in your department, 
touching the claim of each State oi the Union against the United States, the number 
of such claims, the character and amount of each, what action had been taken in 
relation to each, and the views of vour department as to the propriety of the passage 
of the bill (S. 1028, 46th Cong.). " " 

The recent act (of Mar. 3, 1905) directs the Secretary of War to inquire what money 
was actually expened by the State of Texas between February 28, 1855, and June 21, 
1860, in payment of State volunteers or rangers called into service by authority of 
the governor of Texas, in defense of the frontier of the State against Mexican marauders 
and Indian depredations, for which that State has not been reimbursed by the United 
States. 

The State of Texas has submitted to the War Department certified copies of the seA*- 
eral acts of the State legislature appropriating money on account of the State volunteers 
or rangers included in this claim. These copies follow: 

[Chapter IV.] 

AN ACT Making appropriations to pay the expenses of volunteers called into the service of the State for 
the protection of the frontier and for other volunteer service. 

Section 1. Be it enactedby the Legislature of the State of Texas, That tlie following sums 
be. and the same are hereby, appropriated to pay the exjjenses of the company of vol- 
unteers commanded by CJapt. James H. (i'allahan, which was called into the service of 
the State by his excellency the governor for the protection of the frontier, and for the 
volunteers who went to his aid under command of Captains Benton and Henry, viz: 
For pay, mileage, subsistence, forage, etc., including pay of surgeon for Capt. Callahan's 
Co., the sum of sixteen thousand and ninety -one dollars and twelve cents. 

For pay, mileage, subsistence, forage, &c., for Captains Benton and Henry's com- 
panies, the sum of five thou.sand seven hundred (and) fifty-five dollars and twenty- 
two cents. 

Sec. 2. That the governor be, and he is hereby, authorized to appoint some suitable 
person, who shall, upon giving bond and security in such sum as the governor may 
require, be authorized to draw from the treasury of the State the sums above appro- 
priated for the pay and mileage of said companies, and shall repair at such time and 
to such place or places as the governor may direct and then pay said companies the 
amounts that may be due them for their respective terms of service, agreeable to 
existing laws regulating the pay of mounted troops in the United States service, making 



72 CLAIM OF THE STATE OF TEXAS. 

a proper return thereof to tlie comptroller, and it shall be the duty oi said person thud 
appointed to receive and receipt for all articles of public property which may be 
turned over to him by the officers of said companies and to dispose oi" the same tor the 
benefit of the State according to such directions as may be given to him by the governor, 
making a due return tliereof to tlie governor. 

Skc. 3. Tliat the paymaster so appointed is herel^y authorized to examine and pay 
such amounts for quartermasters stores, camp and garrison equipage, ordnance stores, 
forage, transportation, one surgeon's medicines, &c., as m.ay be presented in proper 
form, duly certified to by the respective commanders of companies: Provided. That no 
amount, or any item in any amount, shall be allowed or paid which are not allowed by 
the regulations of the United States Army, nor shall any horses or property claimed to 
be lost be paid for by said paymaster unless the value thereof shall be clearly certified 
to by the appraising officers according to law: and an affidavit of the commanding 
officer shall in every case be required, stating that the property claimed for was lost in 
battle. 

Sec. 4. That the sum of one hundred dollars be, and the same is hereby, appro- 
priated to carry into effect tlie a1)ove 2nd sectitm. 

Sec. 5. That the governor l)e authorized to take such steps as may be necessary to 
secure the payment of the sums herein appropriated by the Government of the United 
States to the State of Texas. 

Sec. 6. That this act take efl'ect from and after its passage. 

Ajjproved December 17th, 1855. 

Department of St.vtr. 
state of texas. 

I, O. K. Shannon, secretary of state of the State of Texas, do liereby certify that the 
attached and foregoing is a true copy of Chapter IV of an act entitled '"An act making 
appropriations to pay the expenses of volunteers called into the service of the State for 
the protection of the frontier and for other volunteer serxice." as same appears oa 
I)age of the General Laws of the sixth legislature now c)n file in this office. 

In testimony whereof I have hereunto signed my name officially and cau.sed to be 
impressed thereon the seal of State at mv office in the citv of Austin, Tex., this the 
ethdayof January, A. D. 190(). 

[seal.] O. K. ':^n\s SOS, Secretary of State. 

[Chapter XX.] 

AN A(^,T To provide for the payment of six companies of mounted volunteers that were mustered into the 
service of the State of Texas on the first day of November, A. D. 18,54, under a requisition of Brevet 
Major General Persifor F. .Smith, and to pay the expenses Incurred by said companies. 

Section 1. Be it enacted by tJte Legislature of the State of Texas, That each and every 
commissioned, noncommissioned officer, farrier, blacksmith, musician, and private 
who belonged to the six companies of mounted vohinteers mustered into the service 
of the State of Texas on the first day of November, A. D. 1854, .-hall be entitled to 
pay for three months' t-erAice therein. 

Sec. 2. That the monthly pay of the commissioned officers, noncommis.-^ioned 
officers, farrier, musicians, Idacksmiths, and privates shall be the same as that sul)- 
sequently paid l,y tlie United States to said companies. 

Sec 3. In all cases where any meml er of said companies shall have died since 
being mustered into said service, payment of the amount due him under the provi- 
sions of tliis act shall V e made to his executors or administratoi-s, and if the said dece- 
dent should have no administrator, i)ayment of the amount due him sIvaU he made 
to the father, or mother, or legal representatives of said decedent, upon certificate 
of the chief ju.^tice of the county from which .said decedent volunteered, that no 
administration had 1 een had upon the said estate. 

Sec. 4. That each and every one of the persons appoint^^d by the governor of the 
State of Texas, under his proclamation of the 18th day of August, A. D. 1854, to 
receive said six companies of mounted volunteers at the places of rendezvous desig- 
nated in said proclamation, shall be entitled to receive fifty dollars for his services. 

Sec. 5. That the sum of six thousand dollars, or so much thereof as may be neces- 
sary, 1 e, and the same is herel)v. appropriated for the jmyment of the balance of 
accounts contracted by the said six companies which remain un])aid out of the appro- 
priation made by the Congress of the United States for that purpose. 

Sec. (i. That the additional sum of fifty-five thousand di)llars. or so much thereof 
as may le neces.sary, 1 e, and the same i-^ bcroliy, appropriated, out of any monies in 



CLAIM OF THE STATE OF TEXAS. 73 

the treasury uot otherwise appropriated, for the purpose of carrying the iDrovisions 
of this act into effect. 

Sec. 7. That the governor of the State of Texas shall appoint some suitable person 
to receive said appropriations from the treasurer of the State, and to pay out the 
same to the persons entitled thereto, and the pereon so appointed shall enter into 
bond with one or more sureties for the faitliful performance of his duties, and shall 
be entitled to receive such compensation therefor as the governor shall think right 
and proper, to he paid out of said appropriation. 

Sec. 8. That said disbursing agent shall be authorized to pay, out of the appropria- 
tion made by the sixth section of this act, any account duly certified l)y the proper 
officers, for expenses incurred in the furnishing, camp equipage, and in the transpor- 
tation of baggage from the several places of rendezvous to the place where said com- 
panies were mustered into the service of the United States: Provided. That in no case 
shall a greater sum than six dollars per day he allowed for the service of any wagon 
and team engaged in said transportation. 

Sec. 9. That this act shall take effect from and after its passage. 

Approved, January 14th, 185G. 

Department of State. 

state of TEXAS. 

I, O. K. Shannon, secretary of state of the State of Texas, do herel)y certify that 
the attached and foregoing is a true copy of Chapter XX of an act entitled '"An act 
to provide for the payment of six companies of mounted volunteers that were mus- 
tered into the service of the State of Texas on the 1st day of Noveml-er, A. D. 1854, 
under a requisition of Bvt. Maj. Gen. Persifor F. Smith, and to pay the expenses 
incurred by said companies." as same appears on page 15 of the General Laws of the 
Sixth Legislature, now on file in this office. 

In testimony whereof I have hereunto signed my name officially and caused to l^e 
impressed hereon the seal of State, at mv office, in the citv of Austin, Tex., this the 
6th day of January, A. D. 1906. 

[seal.] O. K. Shannon, Secretary of State. 

[Chapter CXLVIIL] 

AN ACT Providing for the payment of the companies of mounted volunteers eommanded by Captains 
William Tom, jr., Levi Inglish, and William G. Tobin, organized for the temporary protection of the 
western frontier of Texas. 

Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of one 
thousand seven hundred and two dollars and sixty-four cents be, and the same is 
hereby, appropriated for the payment of Captain Tom's company, for one month, from 
the eighteenth day of October, eighteen hundred and fifty-five, to the eighteenth day 
of November, eighteen hundred and fifty-five, which company consists of one cap- 
tain, one first and one second lieutenant, four sergeants, four corporals, and forty-four 
privates. 

And that the sum of four hundred and eight dollars and ninety -seven cents be paid 
to E. Jones, chairman of the committee of vigilance of San Antonio, to reimburse the 
citizens of that place for money furnished by them to purchase supplies for said 
company. 

Sec 2. That the sum of one thousand four hundred and eighty-three dollars and 
thirty-nine cents be, and the same is hereby, appropriated for the payment of Captain 
Levi Inglish's company iVjr one month, which is to cover the whole time for which 
he claims in his roll, dating the discharge on the thirteenth of November, eighteen 
hundred and fifty-five, which company consists of one first and one second lieutenant, 
three sergeants, three corporals, and forty-two privates, and that the sum of three 
hundred and sixty dollars be paid to the noncommissioned officers and privates for 
their forage and subsistence. 

Sec. 3. That the sum of seven hundred and fifty-five dollars and sixty-seven centa 
be, and the same is hereby, appropriated for the payment of Capt. W. G. Tobin's 
company for one month, ending on the fifteenth day of November, eighteen hundred 
and fifty-five, which company consists of one second lieutenant, two sergeants, two 
corporals, and twenty-one privates, and that the sum of one hundred and eighty-seven 
dollars and fifty cents be paid to the noncommissioned officers and privates for their 
forage and subsistence. 

Sec. 4. That the ijovernor be authorized and required to appoint some suitable 
person to pay the companies of Captain Tom, Captain English, and Captain Tobin, 



74 CLAIM OF THE STATE OF TEXAS. 

as well as the amount to be paid E. Jones, whose duty it shall be to make payment 
at three places. One at Seguin, one at San Antonio, "and one at Peter Tumlinson's, 
on the Atascosa, at such times as the governor may direct, and that he shall give due 
notice of the times and places of payment by advertising in one paper at San Antonio 
and one paper at Seguin for twenty days before the payments are to be made, and 
said payments to be made to the officers, nonconmiissioned officers, and privates 
shall be made strictly in accordance with the regulations of the pay department of 
the United States, and that said paymaster so appointed by the governor shall be 
required to give bond for double the amount of this appropriation, with security to 
be approved by the governor, for the faithful performance of his duty under the pro- 
visions of this act. 

Sec. 5. That one hundred dollars be allowed and paid to the paymaster, provided 
for in the fourth section of this act, as compensation in full for his ser\ice8 in making 
said payment, with all other expenses and labors incident to the same, in any ma,nner 
whatever. 

Sec. 6. That the treasurer of this State is hereby authorized and requiied to pay the 
sum of four thousand nine hundred and ninety-eight dollare and twenty-se\en cents 
over to the paymaster appointed by the governor, out of any money in the treasury 
not otherwise appropriated, upon the presentation of the order of the governor therefor, 
under the seal of the State, and that this.act take effect and be in force from and after 
its passage. 

Approved August 30th, 1856. 

Department of State, 
state of texas. 

I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of Chapter CXLVIII of an act entitled "An 
act providing for the payment of the companies of mounted volunteers commanded 
by Capts. William Tom, jr., Levi Inglish, and William G. Tobin, organized for the 
temporary protection of the western frontier of Texas," as same appears on pages 78 
and 79, Adjourned Session of the Sixth Legislature, now on file in this office. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impres.sed hereon the seal of State, at my office in" the city of Austin, Tex., this the 
6th day of January, A. I). 1906. 

[seal.] O. K. Shaxnox, Secretary of State. 

[Chapter 22.] 

AN ACT To pro\ide for the paymeut of a company of mounted volunteers called into service by the 
governor for the protection of those engaged in transporting u'oods and merchandise over the road" from 
San Antonio to the Gulf. 

Section 1. Be it enacted by the Legislature of the Slate of Texas, That the sum of six- 
teen thousand dollars, or so much thereof as may be necessary, be, and the same is 
hereby, appropriated for the pajTnent of the mounted volunteer company, under 
the command of Captain G. H. Nelson, which was called into service by the gov- 
ernor for the protection of the lives and property of those engaged in transporting 
goods and merchandise over the road from San Antonio to the Gulf, and for the pay- 
ment of the surgeon of said company, and for the payment of the camp equipage, 
transportation, hospital stores, horseshoeing, ammunition, subsistence, and forage, 
mileage of the members of said company, and the expenses of the commissioned offi- 
cers in enrolling .said company. 

Sec 2. That all the above items, except the services of the company, shall be paid 
at the State treasury, upon the certificate of the captain of the comj)any, approved 
by the governor. 

Sec. 3. That the payment for the services of the company shall be made in accord- 
ance with the muster roll and the certificate of the commanding officer as to the term 
of service, which shall be done by a paymaster, to be ajjpointed by the governor, 
who .shall make such payment at the city of San Antonio, according to the rates 
allowed by the United States to volunteer mounted militia when called into their 
service. 

Sec. 4. That the .said paymaster shall receive for his services the sum of one hun- 
dred dollars, to be paid out of any money in the tre;xsury not otherwi.se appropriated, 
and before entering upon his duties he .shall enter into a bond with two or more 
securities, to be approved by the governor, and in such sum as he shall direct, con- 
d'tionod for the faitliful performance of his duty. 



CLAIM OF THE STATE OF TEXAS. 75' 

Sec. 5. That the governor be, and he is hereby, authorized to retain said company 
in the service of the State for such longer time as he shall deem necessary, to preserve 
good order between the coast and San Antonio. 

Sec. 6. That this act shall take effect and be in force from and after its passage. 

Approved 14th December, 1857. 

Department of State, 
state of texas. 

I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of chapter 22 of an act entitled ''An act to 
provide for the payment of a company of mounted vounteers called into service by 
the governor for the protection of those engaged in transporting goods and merchan- 
dise over the road from San Antonio to the Gulf," as same appears on page 18 of the 
general laws of the seventh legislature, now on file in this office. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at mv office in the citv of Austin, Tex., this the 
6th day of January, A. D. 1906. 

[seal.] (). K. Shannon, Secretary of State. 

[Chapter 2.] 

JOINT RESOLUTION Autliorizing the governor to raise and muster into the service of the State 
mounted men for the protection of the frontier. 

Whereas many of our fellow-citizens are suffering in life and property fnjm the 
depredations of hostile bands of Indians on the extreme frontiers of the State; and 

Whereas the limited number of mounted Federal troops at present stationed on 
our borders are inadequate to afford protection: Therefore 

Be it resolved by the Legislature of the State of Texas, That the governor be, and he is 
hereby, authorized to order out mounted volunteers, not to exceed one hundred in 
number, to be divided into two or more companies, as he may think proper, to be 
armed and equipped as he may direct, and placed upon such portions of the frontier 
as he may consider best for the interests of the country; said company or companies 
to be mustered into the service for the term of three months, and as much longer as 
the governor may think necessary. 

Be it further resolved, That the sum of twenty thousand dollars, or so much thereof 
as may be necessary, be appropriated, out of any money in the treasury not other- 
wise appropriated, to defray the expenses of said company or companies, and that 
the pay and allowances of the troops so called into service shall not exceed that 
allowed to mounted volunteers during the Mexican War; and that these resolutions 
take effect from theii- passage. 

Approved November 17. 1857. 

Department of State, 
state of texas. 

I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of chapter 2 of an act entitled "Joint reso- 
lution authorizing the governor to raise and muster into the service of the State 
mounted men for the protection of the frontier," as same appears on page 266 of the 
General Laws of the Seventh Legislature, now on file in this office. 

In testimony whereof. I have hereunto signed my name officially and caused to 
be impressed hereon the seal of State at my office in the city of Austin, Tex., this 
the 6th day of .lanuary, A. D. 1906. 

[seal.] (). K. Shannon, Secretary of State. 

[Chapter 65. | 

AN ACT For the better protection of the frontier. 

Section 1. Be it enacted by the Legislature of the State of Te.cas, That the governor is 
hereby authorized and required to call into service one hundred mounted volunteers, 
in addition to the force now in service, for the term of six months, unless sooner dis- 
charged, and all said force may be continued in servi(.'e for any length of time if the 
safety of the frontier requke it. 



76 CLAIM OF THE STATE OF TEXAS. 

Sec. 2. That the governor may appoint a person experienced in such service, with 
the rank of senior captain, to command all the forces of the State so enrolled and 
superintend the protection of the frontier. 

Sec. 3. That the governor shall direct the organization and equipment of all the 
forces on the frontier and make such regulations as ai"e necessary and most expe- 
dient for the protection of the frontier, and the ofBcers and men shall be allowed 
such pay and emoluments as mounted men are allowed in like service of the United 
States; and he shall also be aiithorized to appoint a person to act as quartermaster 
and paymaster to facilitate operations, who shall give suflBcient bonds and security, 
to be approved by the governor. 

Sec. 4. That the volunteers raised in Bosque County since first of January, 1858, 
may l)e accepted as a portion of the force to be raised by this act, and allowed pay 
from the date at which they entered service. 

Sec. 5. That whenever an efficient force shall be placed on the frontier by the 
Government of the United States all the men raised by the State shall he discharged. 

Sec. 6. That in the event of a continuation of hostilities by the Indians and the 
failure of the Federal Government to protect the frontier the governor is authorized 
to call out any number of men and to carry on active and offensive operations against 
all Indians at war. 

Sec. 7. That the sum of seventy thousand dollars is hereby appropriated, out of 
any money in the treasury, to carry out the provisions of this act, and that this act 
take effect from and after its passage. 

Approved January 27. 1858. 

Department op State, 
state of texas. 

I, O. K. Shginnon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of chapter 65 of an act entitled ''An act for 
the better protection of the frontier," as same appears on page 77 of the General Laws 
of the Seventh Legislature, now on file in this office. 

In testimony whereof, I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at mv office in the city of Austin, Tex., this the 
6th day of January, A. D. 1906. 

[seal.] O. K. Shannon, Secretary of Stale. 

[Chapter 19.] 

AN ACT To provide for the pay and subsistence of the troops called out by the governor of the State, under 
the command of John S. Ford, James Bourland, and Jonn Henry Brown; also for the pay of the com 
missioners sent by the governor to the Indians. 

Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of sixty 
thousand dollars, or so much thereof as may be necessary, is hereby appropriated, 
out of any monies in the treasury not otherwise appropriated, for the payment and 
subsistence of the men called out by the governor of the State for the protection of 
the frontier, under the command of .John S. Ford, James Bourland, and John Henry 
Brown, likewise for the pay of the peace commissioners sent out by the go\ernor in 
1859, at the rate of five dollars per day each, .together with all necessary expenses by 
them incurred. 

Sec. 2 That the comptroller be authorized and required to settle all well-authen- 
ticated accounts for supplies furnished said companies by their captains or any per- 
sons by them employed to furnish supplies to their respective commands: Provided, 
the comptroller shall have full authority, and is hereby required, under this act, to 
examine the accounts for subsistence and forage and allow only such as are fully 
authenticated by proper vouchers, and to reduce extravagant charges to a reason- 
able amount. 

Sec 3. That this act take effect and be in force from and after its passage. 

Approved, 12th January, 1860. 

Dei'Artment of State. 

STATE of TEXAS. 

I, 0. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of chapter 19 of an act entitled 'An act to 
provide for the pay and subsistence ot the troops called out by the governor of the 
btate, under the command of John S. Ford, .Tames Bourland. and John Henry Brown; 



CLAIM OF THE STATE OF TEXAS. 77 

also for the pay of the commissioners sent by the governor to the Indians," as same 
appears on page 20 of the General Laws of the Eighth Legislature now on file in this 
office.- 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at mv office in the citv of Austin, Tex., this the 
6th day of January, A. D. 1906. 

[seal.] O. K. Shannon, Secretnri/ of Sfxtte. 

[Chapter 49.] 

AN ACT To appropriate the sum of four thousand dollars in addition to the sixty thousand dollars for 
the support of the ranging companies commanded by Capts. John S. Ford, Jolin Henry Brown, and 
James Boiirland. 

Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of four 
thousand dollars be appropriated, in addition to the sixty thousand dollars appropri- 
ated January 12, 1860, for the support of the ranging companies commanded by Cap- 
tains Ford, Brown, and Bourland, and that this act take effect and be in force from 
and after its passage. 

Approved, February 8, 1860. 

Department op State, 
state of texas. 

I, 0. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of chapter 49 of an act entitled "An act ta 
appropriate the sum of four thousand dollars in addition to the sixty thousand dol- 
lars for the support of the ranging companies commanded by Capts. John S. Ford, 
John Henry Brown, and James Bourland," as same appears on page 59 of the General 
Laws of the Eighth Legislature, now on file in this office. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at my office in the city of Austin, Tex., this the 6th. 
day of January, A. D. 1906. 

[seal.] O. K. Shannon, Secretary of State. 

[Chapter 20.] 

AN ACT Appropriating ten thousand dollars, or so much thereof as may be necessary to pay the expenses 
incuiTed by Capt. Tobin's company. ' 

Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of ten 
thousand dollars, or so much thereof as may be necessary, of any unappropriated 
funds now in the State treasury, be, and the same is hereby, appropriated to pay the 
expenses incurred by Capt. Tobin's command, called into service by order of the 
governor; and the comptroller shall have full authority, and is hereby required, 
under this act, to examine the accounts and claims for said expenses and allow only 
such as are fully authorized and authenticated by proper vouchers, and to reduce 
extravagant charges to a reasonable amount, and only allow for the necessary expenses 
incurred, at reasonable prices, whether they were incurred under express contract 
or otherwise; and provided that no claim shall be allowed for firearms furnished said 
company. 

Sec. 2. That this act take effect from and after its passage. 

Approved January 12th, 1860, 

Department of State. 

STATE of TEXAS. 

I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of chapter 20 of an act entitled "An act 
appropriating ten thousand dollars, or so much thereof as may be necessary to pay 
me expenses incurred by Captain Tobin's company," as same appears on page 21 of 
the general laws of the eighth legislature, now on file in this office. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at my office in the city of Austin, Tex., this the 
6th day of January, A. D. 1906. 

[seal.] 0. K. Shannon, Secretary of State. 



78 CLAIM OF THE STATI-: OF TKXAS. 

[Chapter 43.) 
AN ACT Making appropriations for the protection of the frontier. 

Section 1. Beit enacted by the Legislature of Ihe StaU- of Texas, That the sum of three 
hundred thousand dollars, or so much thereof as may be necessary, out of any money 
in the treasury not otherwise appropriated, be, and the same is hereby, appropriated 
for the pay and subsistence of the force which has been or may be called into the 
service by the governor for the protection of the frontier: Provided, That only so 
mtich of said appropriation shall be drawn from the treasury from time to time as 
can be so drawn without leaving a deficit in the amount required of the current reve- 
nue from time to time to pay the ordinary current expenses of the government. 

Sec. 2. That in case the governor shall find that there is not money enough in the 
treasury to meet the foregoing ap])ropriation fully as the same may be needed from 
time to time, or that the amount of said appropriation is not sufficient to carry out 
the provisions of the act for the protection of the frontier, then in either event he 
shall cause only such payments to be made in cash as can not be contracted for other- 
wise; and whenever payments are to be made \\\)nn contracts or for services under 
said act which are not necessary cash demands such payments shall be made pro 
rata. It is provided, however, that the indebtedness created under this section 
shall at no time exceed the sum of two hundred thousand dollars. The comptroller 
of public accounts shall, under the special direction of the governor, audit and adjust 
all claims and accounts created under the provisions of this section and certify such 
adjustment to the party interested, and such accounts shall be paid as may hereafter 
be provided by law. 

Sec. 3. That this act shall take effect from and after its passage. 

Approved February 3, 1860. 

Department ov State. 
state of texas. 

I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of chapter 43 of an act entitled- "An act 
making appropriations for the protection of the frontier," as same appears on page 
38 of the general laws of the eighth legislature, now on file in this office. 

In te.stimcmy whereof I have hereunto signed my name officially and caused to be 
impre.=!sed hereon the seal of State, at my ottice in the citv of Austin. Tex., this the 
6th day of January, A. D. 1906. 

[seal. J O. K. Shannon, Secretary of State. 

[Chapter 71.] 
AN .\CT To providi' for tho payment of supplies fiirnisliefl to Capt.John Williams's company of rangers. 

Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of seven 
thousand five hundred dollars is herebj'- appropriated to pay for the necessary sup- 
plies furnished to Capt. .lohn Williams's company of rangers. 

Sec. 2. The comptroller of public accounts shall examine and adjust the vouchers 
of Capt. Williams and other parties having furnished articles to said company, and 
before paying the same shall be satisfied that such articles were necessary and were 
furnished at reasonable prices and consumed by the men entirely in the field; Pro- 
vided, That the amounts for which Capt. Williams or his lieutenants have made 
themselves individually liable shall be paid first: And provided further. That no 
money shall be paid under the provisiims of this act tinless proof is first made to the 
satisfaction of the comptroller that the supplies were furnished to Capt. Williams 
while acting under the lawful authority or consent of the governor and duly commis- 
sioned by }iim or was lawfully in the service of the State at time the supplies were 
furnished. 

Sec. 3. That this act take effect from and after its passage. 

Approved 11th February, 1860. 



€LAIM OF THE STATE OF TEXAS. 79 

Department of State, 
state of texas. 

I, O. K. Shannon, pecretaiy of Aate of the Stale of Texa?, do hereby certify that 
the attached and foregoing iy a true copy of chapter 71 of an act entitled ''An act to 
provide for the paynient of 8uppUe.-< furnished to Capt. John William.s's company of 
rangers," as same appears on page 80 of the general laws of the eighth legislature, 
now on file in this ofhce. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at my office in the city of Austin, Tex., this the 
«th day of January, A. D. 190(i. 

[seal.] ' O. K. Hhak^on, Secretait/ of Stute. 



For pay for the service and subsistence of troops received into the service of 
the State on the Rio Grande in the late Cortina war, or so much thereof 
as may be necessary ?40, 000 

Department of State. 

state of TEXAS. 

I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true copy of a portion of section 1 of chapter 81 of an 
act entitled "An act making appnipriations to supply the deficiency in former appro- 
priations, and for other purposes," as same appears on page 115 of the general laws 
of the eighth legislature, now on file in this office. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at mv office in the city of Austin, Tex., this the 
6th day of January, A. D. !90G. 

[seal.] O. K. Shannon, Secretary of State. 

There has also been submitted to the \\'ar Department, at the hands of the State 
adjutant general, the original ledger of the comptroller of the State of Texas, purporting 
to contain the statements of the accounts in connection with the State appropriations 
on account of the troops concerned in this claim. As the State comptroller was the 
official charged with drawing and issuing warrants on the State treasury, his accounts 
are believed to be the best record now obtainable of payments on account of the State 
appropriations in question. Duly authenticated copies of these accounts follow: 

united states op AMERICA. 

War Department, 
Washington, January 26, 1906. 
I hereby certify that the statements of accounts (Exhibits A to L) hereto attached 
are true and correct copies of those accounts as they appear in the original ledger of 
the comptroller of the State of Texas purporting to contain the accounts of State 
appropriations made between January 5, 1854, and August 31, 1861, which ledger 
was submitted to me in person by the adjutant general of the State of Texas. 

F. C. Ainsworth, 
Major General, V. S. Army, The Military Secretary. 

Be it known that F. C. Ainsworth, who signed the foregoing certificate, is The 
Military Secretary of the Army and that to his attestation as such full faith and credit 
are and ought to be given. 

In witness Avhereof I have hereunto set my hand and caused the seal of the War 
Department to be affixed on this ■26th day of January, 1906. 

[seal.] Wm. H. Taft, Secretary of War. 



80 



CLAIM OF THE STATE OF TEXAS* 



Exhibit A. 

[2 K, page 153.] 

Paying volunteers under Capts. Cullahan, Benton, and Henry. 



Db. 

1856. 



Cr. 



Jan. 4. John D. Pitts 8774.. $16,091.12 



By appropriation $16, 091. 12 



185S. 



Mar. 1. Bj- deposit, warrant No. 3329. 52<). 11 
[3 K, page 153.] 
Pay of mileage, subsistence, and volunteers under Capts. Callahan, Benton, and Henry. 



1856. 
Jan. 5. John D. Pitts 8775.. $5,755.22 



By appropriation $5, 755. 22 



1858. 



Mar. 1. By deposit, warrant No. 3329 

(in part) 4. 'J2 



Exhibit B. 

[10 K, page 158.] 
Balance due on ac. of contract for expenses 6 companies vol. called out by Smith. 



Dr. 

1856. 
Feb. 2. 
6. 

7. 
7. 
7. 

9. 

12. 

12. 

12. 

12. 

12. 

12. 

Mar. 1. 

3. 

3. 

5. 

14. 

27. 

Apr. 1. 

1. 

10. 

May 7. 

19. 

June 4. 

Mar. 5. 

July. 2. 

5. 

8. 

11. 

Aug. C. 

Sept. 3. 

1857. 
Mar. 14. 
Apr. 1. 
28. 
June 3. 
Sept.21. 



K. T. He<l(;eo.x 8443. . S144. 00 

J. S. BoKgess 8898.. 180.00 

Lott & Steele 8913.. 75.00 

J. B. Stephenson 8914A- 45. 62 

John Twoliig 8915. . 207. 00 

T. lI.Tumey 8917.. .32.00 

W. W. Pavne 8928. . 38. 00 

E vans & A Isbury 8945 . . 497. 70 

Mercer Fain 8946. . 348. 00 

Do 8947. . 36. 00 

L. R. Reynolds 8948.. 121.42 

Samuel Stone 8952. . 316. 00 

E. Krauskopp 8955.. 86.25 

Silas Baggett 9012. . 49. 25 

E. H. ilerrington 9031.. 54.75 

B. D. Arnold 9032.. 6.00 

S. r. Ross 9046.. .59.30 

J. D. Blair 9058.. 67.12 

M. D.TavIor ..9095.. 60.00 

S. A. Glasscock 9108.. 38.00 

J. M. Litton 9110.. 96.00 

Jane Robertson 9161.. 24.00 

M. T.Johnson 9214.. 547.56 

Walter Ferrel 9233. . 47.50 

Simeon Mixson 9263. . 77. 25 

E. Linkinhoger 9047.. 64.37 

Saml. Stone 9328.. 75.00 

Felix McKittrick 9346.. 44.87 

M. L. Durham 9373.. 161.52 

D. M. Fields 9388.. 63.00 

M.I. Brcnson, p. ass 9479.. 154.00 

G. W. Se\ner, p. atty 9612.. 78.00 

J. G. Swisher 10261.. 28.20 

W. B. Fleming, p. atty... 10297.. 30.00 

Robt. Augustine, p. atty.. 10379.. 30.00 

Jno. S. IJUiir, p. atty 10504.. 18.75 

Orange Wright 10859. . 25. 00 

Balance 1 , 973. 57 



6,000.00 



1856. 
Jan. 14. By appropriation. 



Cr. 
$6,000.00 



1857. 
Nov. 1. By balance. 



6,000.00 



1,973.57 



CLAIM OF THE STATE OF TEXAS. 



81 



[11 K, page 159.] 
Pay of 6 companies of volunteers called out by P. S. Smith. 



Sept. 



Dr. 

1856. 
Feb. 5. 
6. 
6. 

20. 

22. 
Mar. 22. 

22. 
Apr. 10. 
May 6. 
July 25. 
Aug. 14. 

21. 

27. 

29. 

30. 
8. 

11. 

11. 

11. 

11. 

11. 

12. 

19. 

23. 

26. 
2. 
3. 
Nov. 11. 

29. 

29. 
Dec. 1. 

13. 

20. 
1857. 
Jan. 15. 

15. 

Feb. 2. 

6. 

17. 

18. 
Mar. 4. 

25. 
Apr. 17. 
May 13. 

16. 
June 9. 
July 6. 



Oct. 



J. M. Throckmortou 8886. . $7, 681. 20 

Do 8890. . 50. 00 

JilesS. Boggess 8899.. 15.114.00 

James S. Gillett 8976 . . oO. 00 

John S. Ford 8981 . . -50. 00 

A. M. M. Upshaw 9083.. 50.00 

Do 9086. . 5. 981. 56 

John D. Pitts 9164.. 7.280.27 

John Work 9210. . 300. 00 

F. M. Dougherty 9438. . 96.00 

J. W. Throckmorton 9500. . 15. 00 

Ford & Jones, p. ass 9521 . . 4. 50 

A. M. Upshaw 9553.. 299.08 

J. AV. Throckmorton 9558 . . 386. 56 

Jas. R. Arnold, p. ass 9-560. . .50.00 

E. AVoldert, p. Fain atty . .9627. . 51. 40 

Thos. M. Likens 9645 . . 50. 00 

O. B. Wade 9646. . 250. 00 

Andw. J. Miller 9647.. 50.00 

Giles S. Boggess 9648.. 755.70 

Leander P. Lyons 9649. . 77. 10 

Jas. H. Raymond 9650.. 7,527.00 

G. W. McKenzie 9666.. 51.40 

Fadladder Nordhnes 9672. . 80.50 

E. P. Carver 9679.. 77.10 

M. C. Baird 9716.. 77.10 

Chas. Human 9724 . . 32. 55 

Geo. AV. Parks, p. ass 9851.. 77.10 

Bennett F. Henderson, p. 

ass .9895 . . 32. 55 

E. S. Click, p. attv 9896.. 77.10 

John Dye, p. atty 9905. . 77. 10 

Adolphiis R. Mott, atty . .99.38. . 77. 10 

G. Yarborough, p. attv . . .9959. . 77. 10 

K. S. Close 10098.. 77.10 

Andw. B. Eccles 10099.. 77.10 

Saml. I. McEh-ath 10137. . 77. 10 

Thos. A. Evans 10149. . 32. 55 

Thornton M. Petty, p. ass. 10187. . 77. 10 

T. M. Burk 10190.. 77.10 

Wm. Casey, p.atty 10226.. 77.10 

M. A. Williams, attv .... 10281 . . 77.10 

Pleasant Wright 10369 . . 55. 40 

W. C. Pollock 10424. . 77. 10 

C. H. Morell, p. atty 10426.. 77.10 

Thorn. E. Davenport.. . .105.30. . 51. 40 

Do 10628.. 25.70 

To folio 202 47, 765. 02 



1856. 

Jan. 14. By appropriation 

Aug. 20. By A. M. M. Upsliaw, 

D. W .3044. 

Sept. 10. By G. S. Boggess, D. W.3057. 
Oct. 16. By G. S. Boggess, D. AV..3064 



Or. 

.'N^'i.OOO.OO 



990.68 

1,105.70 

59.10 



To folio 202 $57, 155. 48 



[Page 202.] 



1857. To amount from folio 159 

July 22. Jno. V. James, p. atty... 10705. . 

23. Saml.A. Terrell, p.atty . .10711. . 

Oct. 30. Larkin Gilbert, p. atty. 10960.. 

Balance 



.«47. 765. 02 

77.10 

32.55 

77.10 

9, 873. 98 

57, 825. 75 



1857. 

Dec. 10. E. B. Wade 11139.. 16.20 

1858. 

Jan. 28. C. E. Aiken 11354. . 77. 10 

30. J. D. Pitts 11361.. .364.01 

Mar. 4. Joseph Vance, p. atty. .11825. . 15.70 

May 10. Jas. H. Raymond 12084.. 376.35 

Aug. 31. Balance 9. 024. 62 

9.873.98 



Oct. 22. J. B. T. McCartney 12786.. 95.50 

1859. 

Apr. 25. N. AV. Ray, p. ass 13491.. 36.00 

Balance S. 893. 12 



9.024.62 



1857. By amount from folio 159 

July 21. Amount refunded by J. H, 
Raymond, paymaster, Capt, 
Travis's co 



1857. 
Nov. 1. By balance. 



1858. 
Aug. 31. By balance. 



H. Doc. 551, 62-2- 



18.59. 
Aug. 31. By balance. 



.$57,155.48 

070. 27 

57,825.75 

9,873.98 



9,873.98 



9,024.62 



9,024.62 



8, 893. 12 



82 CLAIM OF THE STATE OF TEXAS, 

Exhibit C. 

[90 L, page 320.] 
Pay of Capt. Tom's company Mo'l'd Volunteers to protect icestern/rotitier. 



DR. 
.1857. 
July 30. James H. Raymond, paymas- 
ter 10730. . SI, 409. 02 

Balance 233.62 



Ck. 



1S50. 
Aug. 30. By appropriation $1, 702. 6 1 



1,702.64 



1858 

May 14. Geo. Lee 12103.. 

Aug. 31. Balance 



I 1857. 
25.70 I Nov. 1. Bv balance. 
207.92 I 



233.62 



185S. 
Aug. 31. By balance. 



1,702.64 



233.62 



233.62 



207.92 



[91 L, page 320.] 
Pay of Capt. Levi English's co. Mo. Volunteers to protect icestern frontier . 



1857. 



July 30. Jas. H. Raymond, paymas- 
ter 10731 . . SI ,598. 86 

Sept. 14. Richd. Ratliffe 10842. . 33. 20 

Balance 211.33 



1858. 

Jan. 11. Evan Corner 11290. 

Apr. 13. Jno. Taylor 12017. 

June 14. E. O'Brion, p. atty 12222. 

14. Chas. Richards, p. atty.. 12223. 

Aug. 31. Balance 



1856. 
Aug. 30. By appropriation $1,843.39 



1,843.39 


1857. 
Nov. 1. 

1858. 
Aug. 31. 




33.20 
33.20 
33. 20 
33.20 
78.53 


By balance 


211.33 






By baiaru-e 



1,843.39 



78. 53 



[92 L, page 321.] 
Pay of Capt. W.G. Tohin'sco. Mo. Volunteers to protect western frontier . 



1.S57. 



July 30. Jas. H. Ravmond, paymaster, 

10732 ." $917. 46 

Balance 25.71 



18.56. 
Aug. .30. By Appropriation S94:i. 17 



943. 17 



1857. 
Nov. 1. Bv l)alance. 



943. 17 
25. 7 1 



[93 L, page 321.) 
Pay of E. Jones for supplies furnished Capt . Tonisco. Mo. Volunteers. 



IS57. 
fulv :iO. To Jas. H. Kayniond, paymaster, 

10733 S4aS. 97 



18.56. 
Aug. 30. Hy appropriation 



$40.s. 97 



CLAIM OF THE STATE OF TEXAS. 
Exhibit D. 



83 



[100 L, pas;e329.1 

Pay of Capt. G. H. Nelson's co. Mo. Volunteers, pay of surgeon, camp equipage, trans- 
portation, hospital stores, horseshoeing, ammunition, subsistence, and forage, mileage 
and exjyense of commissioned officers in enrolling company. 



Dr. 
1857. 
Dec. 19. A. H. Rhoads 1U77. 

19. Do 1117S. 

19. G.H.Nelson 11179. 

21. Vance & Bro.. p. ass... 11182. 

ia5s. 

Apr. 3. E. A. Stevens, p. ass 11979. 

3. S. A. Jackson, ass 11980. 

Aug. 31. Balance 



.$7,500.00 

6,033.50 

300.00 

950. 40 

150.00 
150.00 
916. 10 

16,000.00 



Sept. 12. A. H. Rhoads 12615.. 100.00 

Balance 1 , .34 1. 60 



1857 



Cr. 



Dec. 14. By appropriation $16,000. 00 



1858. 

.Vug. 31. B V lialance 

Sept. 13. .\."H. Rhoads, p. Dpt.Wt. 3511.. 



1859. 
Sept. 1. 



Bv balance. 



16,000.00 



916. 10 
528. 50 



1,444.60 



1,344.60 



Exhibit E. 

[2 M, p. 338.1 

Pay of 100 volunteers to protect frontier culled out by gov. 



185S. 


Jan. 


16 


Feb. 


1 


Mar. 


11 


Apr. 


1 


May 


o 




6 




26 




26 


AUR. 


i 




V 




31 



T. K. Carmack 11310.. 

J. H. Conner 11370.. 

J. H. Raymond 11868.. 

Do..". 11970.. 

J. S. Hodges 12068.. 

J. H. Raymond 12073.. 

J. S. Hodges 12146.. 

Neil] Robison 12147.. 

Thos. S. Johnson 12473.. 

Neiil Robison, assg 12537. . 

Balance 



1858. 
Sept. 6. T. J. Edwards, p. atty. .12576. 

6. Do 12577. 

Nov. 23. Jno. S. Ford 12935. 

23. Do 12936. 



S107.50 

227. 00 

4,046.02 

2,863.25 

564. 75 

2,717.30 

4.00 

2,384.00 

24. 00 

51.50 

7,010.68 

20,000.00 



7.41 

42. 59 

5, 099. 35 

900. 65 



1859. 

Jan. 2.8. J. B. Miller, p. atty 13209.. 24.00 

28. F. M. Martin, p. atty... 13210.. 24.00 

Feb. 2. Jno. Campbell 1.3240. . 24. 00 

Aug. 31. Balance 888.68 



7,010.68 



^ 1859. 
Nov. 16. S. M. Swenson, assg. 



.14103.. 1,132.38 



1857. 
Nov. 17. 



By appropriation. 



Or. 

120,000.00 



1858. 
Aug. 31. 



By balance. 



20,000.00 



7,010.68 



(,010.68 



18.59. 

.\iig. 31. By balance 

31. .Vmount refunded by 
Robison, paymaster .... 



Neil 



1,132.38 



888. 68 

243. 70 

1, 132. 38 



84 



CLAIM OF THE STATE OF TEXAS. 



Exhibit F. 

[5 M, page 341.] 
For the better protection of the frontier. 



De. 
1858. 

Feb. 9. Ed. Burleson 11382. . $25,000. 00 

Apr. 13. S. M. Swenson 12012. . 4, 000. 00 

July 3. Do 12308.. 2,800.00 

30. Do 12433.. 1,000.00 

30. E. Burleson 12434.. 23,000.00 

Aug. 31. Balance 14,200.00 

70,000.00 

Sept.27. Jno. Williams 12(j56.. 287.66 

29. S. M . Swenson 12660. - 412. 02 

Oct. 4. H. R. Runnels 12735.. 70.00 

12. D. C. Cowan, assg 12757. . 833. 73 j 

13. J. H. Tankersley 12759. - 178. 70 i 

25. Jno. S. Ford 12801. 10,000.00 

Nov. 2. G. W. Holcinger,p.ass.l2865.. 61.83: 

5. E. Burleson 12894.. 815.60 I 

6. N. J. Hall, p. ass 12895.. 54.29 > 

6. J. M. Hall, p. ass 12896.. 54.29 i 

6. E. Harris, p. ass 12897.. 54.29 I 

6. Jno. S. Ford 12898.. 4,000.00 

24. W.B.Hamilton 12942.. 53.40 

Dec. I.D.Walsh 12977.. 5.00 

20. Jas. M. Peery 13030. . 117. 15 

1859. 

Mar. 30. Jo Walker 13397.. 21.50 

Apr. 11. Jno. Marshall & Go 13458.. 17.50 

June 7. H. R. Runnels 13602. . 50. 00 

30. Holzinger & Bowles... .13651.. 95.00 
Aug. 26. Do 13840.. 64.50' 

30. Finnin & Walker 13848. . 28. 50 

Balance 5, 515. 33 

22,790.35 

Sept. 22. John S. Ford 13915. . ,4, 4.39. 84 

Oct. 27. Robt. Cotter 14024. . 72. 80 

Nov. 16. S. M. Swenson 14104.. 1,002.69 



1860. 
Sept. 10. W. J. Oouger ... 



.16262. 



5,515.33 



35. 60 



1858. 
Jan. 27. By appropriation. 



Cb. 
$70,000.00 



70,000.00 

1858. 

Aug. 31. By balauce 14, 200. 00 

Nov. 0. Deposit wt. No. 3533 by Jno. S. 

Ford 3, 000. 00 

1859. 

Apr. — . AV. X. P. Marlin 52.50 

Aug. 24. Transfer from 132 M 1,874.63 

1858. 
Oct. — . Dep. wt. 3520 refunded bv Ed. 

Burleson, A. Q. M '. 3,663.22 



22,790.35 



Aug. 31. By balance 5,515.33 



5,515.33 



By transfer to 78 p. 



35. 60 



CLAIM OF THE STATE OF TEXAS. 



85 



ExHiBrx G. 

[8 O, page 503.] 

Pay and subsistence of Capts. Ford's, Bourland's, and Brovm's companies and pay of 

peace commissioners. 

Cr. 

$60,000.00 

4,000.00 



Dr. 
1860. 

Jan. 17. J. M. Stiener. 14440. . $169. 15 

17. S. M. Swenson 14446.. 5,841.58 

19. Do 14448.. 3,696.37 

19. Jas. Duff 14450.. 2,277.75 

19. Geo. B. Erath 14451.. 137.15 

20. W. C. Young 14458. . 4, 330. 05 

23. C. E. Barnard 14465. . 533. 27 

23. J.H.Brown 14469.. 147.00 

25. -Coke & Smith 14481 . . 263. 94 

25. J. M. Swesher 14485.. 8,911.25 

25. Do 14486.. 7,832.84 

26. John Danly 14493. . 160. 00 

26. H. Bradford 14494. . 28. 20 

28. H. K. Valentine 14503. . 281. 40 

30. W. C. Young 14510. . 767. 08 

30. M.T.Johnson 14515.. 971.45 

Feb. 1. John M. Swisher 14541.. 13,000.00 

3. Do 14556.. 3,958.60 

4. W. Fitz Hugh 14568. . 88. 33 

6. J. D. Newsom & Co. . . . 14585. . 456. 70 

8. Mullens & Madden 14608. . 48. 50 

11. Bateman & Frey 14655.. 162.16 

13. J. F. Bottorf 14671.. 18.90 

16. S. M. Swenson 14735. . 297. 18 

18. J. M. Stephens 14756. . 45. 50 

20. John M. Stephens 14772 . . 482. 50 

27. James M. Peery 14803 . . 1 , 328. 10 

27. Cloud & Bostick 14804 . . 10. 45 

27. Temple ton & Lefavor. .14805. . 17. 50 

27. A. B. Templeton 14806.. 25.50 

27. Wm. Bean & Co 14807.. 47.00 

27. Bantwell & Peery 14808. . 42. 45 

27. S. Hoflman 14809.. 24.46 

28. J. R. Trulove 14812.. 15.00 

28. Thos. Richards 14811.. 183.77 

Mar. 19. A. C. Bingham 14912.. 877.60 

20. J.F.Owens 14914.. 17.50 

20. A. Templeton 14915.. 56.25 

29. P.Witt 14946.. 635.00 

Apr. 17. G. L. Scott, ass 15076 . . 35. 25 

18. Thos.F.McFarland,ass. 15080.. 15.00 

May 24. B . Toliver, ass 15247 . . 80. 43 

June 7. Wm. Petterson, ass 15364 . . 39. 68 

16. Johns. Ford 15407.. 1,279.80 

16. Do 15408.. 130.10 

16. Do 15409.. 671.73 

Carried to folio 576 60,439. 42 



1860. 
Jan. 12. By appropriation . 
Feb. 8. Do 



64,000.00 



[Page 576.] 



1860. To amount from folio 503 $60, 439. 42 

June 18. Jolm S. Ford 15417.. 60.00 

Aug. 31. A. B. Templeton, p. 

atty 16224.. 20.00 

Balance 3, 545. 61 



64,065.03 



1860. 

Sept. 24. Mat Beasley 16312.. 25.60 

Aug. 31. Balance 3,520.01 



3,. 545. 61 



1860. 
Jan. — 



1860. 



By amt. from folio 503 .$64, 000. 00 

Capt. Bourland, No. 3974 65. 03 



64,065.03 



Aug. 31. By balance 3, 545. 61 



3,545.61 



1861. 
Aug. 31. Bybalance 3,520.01 



86 



CLAIM OF THE STATE OF TEXAS, 



Exhibit H. 

[9 0, page 504.] 
Pay of necessary expenses incurred by Capt. Tobin's company. 



Dr. 

I860. 

Jan. 24 



.v. F. Kercheval 14478. . StlO. 83 

24. Rhoads & Deats 14479.. 101.00 

26. C. W. Howard 14497.. 7,761.32 , 

Feb. 6. R. King 14587.. 570.00 I 

14. V. Roundtree 14688 . . 45. 50 ; 

17. R. King 14750.. 230.00 , 

Mar. 6. P.Jordon 14853.. 712.63 i 

19. Sol. Childress 14905.. 207.00 i 

. Balance 251.72 



ISfiO. 
Jan. 12. 



10.000.00 



By appropriation. 



Cr. 

$10,000.00 



1860. 
Aug. 31. 



By balance. 



10,000.00 
251. 72 



Exhibit I. 

(13 O, page 509.] 
Protection of the frontier. 



Dr. 

1860. 
Feb. 3. 
4. 
G. 
6. 
8. 
8. 



Mar, 



ias.E. McCord 14555. . $2, 000. 00 

J. H. Robinson 14567.. 150.00 

John Miller 14577.. 450.00 

Jame.s Rogers 14589 . . 264. 00 

L. Fellman 14603.. 40.00 

J. M. Bonnet 14604.. 54.25 

Baker & Smyth 14607.. 218.81 

Wm. Pouge 14620.. 140.00 

W.V. Spencer 14621.. 200.00 

J. Vandeve 14641 . . 50. 75 

Miner, Lambert & Co. . . 14649. . 53. 00 

L. L. Giles 14652.. 156.00 

Jos. Inman 14663.. 130.00 

Do 14664.. 87.50 

R. P. Tyler 14697. . 175. 00 

Norman Miller 14710. . 262. 50 

Josiah Tavlor 14718.. 375.00 

Miner, Lambert & Co. . .14728. . 27. 00 

J. M. W. Hall 14732.. 74.00 

(J. T. Howard 14745. . 862. 30 

Howard & Ogden 14746 . . 802. 40 

F. W. Tauiilelroy 14771 . . 60. 00 

S. M. Swenson 14774.. 7.000.00 

Baker & Smyth 14'781.. 242.88 

N elson M eirell 14790 . . 300. 00 

John Scott 14792. . 45. 00 

S. M. S wen.son 14798 . . 664. 53 

David Hirsch 14834. . 166. 67 

W. D. Ea-stland 148.35.. 16.70 

C. W. Keim 14836. . 1, 146. 02 

Tho.=;. Huddleston 14843. . 618. 75 

R. D. Mc.\nnelly 14844. . 807. 63 

G. T. Howard 14855.. 675.00 

Tavlor & Smith 14863.. 100.00 

S. M. Swenson 14894. . 557. 31 

Do 14895.. 17.00 

C. Schilling 14897.. 21.00 

Miner* Raven 14903.. 19.00 

David "Williams 14916.. 45.00 

John Week 14922. . 25. 00 

D. D. Bonner 14929.. 150.00 

G. H. Todd 14930.. 8.00 

G. H. Burditt 149.33.. 265.00 

J. M. Swisher 14940. . 15. 15 

S. M. Swenson 14941 . . 1 , 099. 08 

R. W. Vaughan 14942.. 75.00 

Carried over 20, 712. 2§^ 



1860. 
Feb. 3. By appropriation. 



Cb. 
$.300,000.00 



300,000.00 



* So on original. 



CLAIM OF THE STATE OF TEXAS. 



87 



[Page 510.] 



Dk. 

1860. *3 

Amis. brot. ford §20, 712. 20 

Mar. 31. S. M. Swenson 14964.. 1,005.77 

Apr. 3. Sutor & Berrvman 14987.. 216.00 

4. J. Marshall & Co., p. atty., 

14993 5.00 

6. N. J. Hall 15019.. 210.00 

10. John Russell 15040. . 262. 50 

10. N.Miller. 15041.. 225.00 

11. W. Rust 15046. . 4. 46 

14. J. S. Gillett 15062. . 80. 00 

16. Phelps & Johnson 15065. . 78. 65 

16. Henry D. Edwards .... 15067. . 52. 50 

17. S. M. Swenson 15072. . 242. 82 

17. Do 15073.. 155.51 

17. Lavanburg & Bro 15075. . 30. 00 

23. H. P. Howard & others, 

15094 7.011.97 

24. S. M. Swenson 15096. . 472. 79 

26. R. M. White, ass 15101.. 421.00 

26. Whit« & Ship, ass 15105. . 553. 03 

May 4. C.C. Tucker, ass 15147.. 45.00 

4. S. M. Swenson 15151. . 417. 41 

4. A. Y. Lester 15152. . 15. 00 

4. W. W. Downs&Son,ass.l5154. . 85. 40 

5. J.M.Swisher&Co.,ass..l5156.- 18.15 

5. J. M.W.Hall.... 15159.. 33.10 

5. Do 15160.. 31.25 

7. Do 15167.. 50.00 

9. S. M. Swenson 15176.. 10,000.00 

16. Ransom Goins, ass 15221 . . 50. 00 

17. Howard & Ogden, ass.. 15222. . 2,818. 10 

17. Geo. T. Howard, ass. . . 15223. . 531. 88 

18. Dup. warrant, 4029. 

18. P. R. Sharrock, ass ... . 15225. . 45. 00 

19. S, M, Swenson, ass 15229.. 121.40 

19. Chas. W. Keim 15230. . 175. 00 

19. Genl. Sam Houston. . . . 1.5231. . 100. 00 

21. A. Y. Lester, ass 15234. . 20. 00 

22. G. R.C.Todd 15237.. 429.00 

24. S. M, Swenson, ass 15244. . 133. 29 

24. Baker & Smvth 15245. . 10. 15 

24. Chas. W. Keim 15248. . 250. 60 

25. Do 15251.. 22.45 

26. Miner & Raven, ass. . . . 15250. . 6. 00 
29. Y. Tate, ass 1526G. . 65. 00 

29. S. M, Swenson 1.5267. . 118. 75 

30. Rice & Childress 15271 . . 1.50. 00 

31. B, F. Eastman 1.5281.. 25.00 

*6 

Carried to folio 571 47, 507. 13 



1860. 
Feb. 8, By appro. 



Cr. 

jswo.ooo.oe 



300,000.00 



* So on original. 



88 



CLAIM OP THE STATE OF TEXAS. 



Db. 

1860. 

To amt. from folio 610 

May 31. A. Wirbiskle "..... 15280. 

31. Jas. G. Brown 15290.. 

31. F.M.Campbell 15291. 

31. W. W. Dunlap 15292. 

31. A. Martin 15293. 

31. T. T. Gammage 15294.. 

31. J. H. Fry 15295. 

31. James Gray 15296. 

June 1. W. H. Muson 15301.. 

1. James Gray 15302. 

1. C.B. Combe 15303. 

1. Alex. Wirbiskle 15314. 

1. J. R. Palmer, per ass ..15315. . 

1. Goodlet & Jones 15316.. 

2. M. Sanders 15317.. 

2. Alex. Wirbiskle 15318. . 

2. E. F. Calhoun 15320.. 

0. S. M. Swenson 15348. . 

9. W. L. Chalmers 15367. . 

11. J. P.Smith 15375.. 

11. Robt. Ray 15376.. 

11. Tumer,Daggett&Co.,p. 

ass 15377.. 

11. A. L. Pace, p. ass 15378.. 

12. J. M. Smith, p. ass 15390. . 

15. G. Morris, p. ass 15400. . 

June 28. S. M. Swenson 15461^. 

28. J.H.Mullens 15463.. 

28. WashHammett 15464.. 

28 do 15466.. 

29. J. B. Hill, ass 15468. . 

30. B. Monroe & Bros 15488.. 

July 3. Geo. T.Howard 15518.. 

3. Howard & Ogden 15519. . 

13. Blum & Walker 15599.. 

17. Sawyer, RisherA Hall. 16018.. 
27. F. V. D. Stucken 16065.. 

.\ug. 2. John Williams 16089. . 

24. S. M. Swenson 16175. . 

31. Martin Leibman p. 

atty 16230.. 

31. Jas. S. Gillett 16247. . 

July 3. Wm. Rust 15533.. 

3. J. S. Gillett 15535. . 

6. C. Higginson 1.554.'?. . 



[Page 571.] 



Cr. 



*6| By amt. folio 510 $300,000.00 

$47,507.13 I Au?.— . C. Houston, D.W. No. 4109... 100.00 

18,711.84 i 

225.00 

75.00 

635.10 

125.00 

380.00 

75.00 

957.00 

780.00 

350.00 

606.75 

938.90 

26.00 

79.23 

85.00 

200.00 

28.75 

7, 249. 54 

5,000.00 

425.50 

600.00 

330.40 
726. 75 
403.97 

22.50 

$142.90 

238. 98 

72.00 

50.00 

56.00 
2, 432. 75 

169. 05 
12.50 

4.00 
39.75 

762. 06 
42.00 

808.00 

17.25 
63.62 
4.46 
43.00 
45.00 



Balance 208, 552. 29 



1860. 
Aug. 31. By balance. 



$300,100.00 
. 208,552.29 



300, 100. 00 



Carried to folio 582. 



* So on original. 



CLAIM OF THE STATE OF TEXAS. 



89 



Dr. 

1860. 

Sept. 13. 

18. 

18. 

22. 

28. 

Oct. 1. 

15. 

Nov. 27. 

1861. 
Jan. 28. 



Mar. 5. 



(Page5S2.] 



S. M. Swenson 10288.. 81,073.08 

Do 16301.. 808.00 

Do 16302. . 7, 169. 61 

J. A. Goolet Sz Co 16310.. 488.37 

J. Walker 16.324.. 95.78 

J. M. W. Hall 16328.. 50.00 

Sam Houston 16418.. 50.00 

Wash Hammitt 16535.. 55.00 

Transfer of public property 

from boundary survey (see 

p. 567) 1 , 890. 00 

Jo. Walker from 17117 to 17124. 2, 700. 00 

Balance 194, 172. 45 



208,-552.29 



1861. 

Mar. 23. P.M. Taylor 17199.. 100.00 

Apr. 10. W. Fitzhugh 17643.. 500.00 

10. Do 17644.. 400.00 

10. Do 17645.. 727.82 

16. W. Byrd 17679.. " .00 

May 1. W. Fitzhugh 17721.. 400.00 

1. Do 17722.. 400.00 

1. Do 17723.. 330.00 

7. Do 17729.. 40.80 

7. Do 17730.. 269.37 

7. Do 17731;. 259.37 

7. Do 17732.. 404.62 

June 4. Do 17771.. 135.86 

July 16. Do 18088.. 195.48 

27. Do 18144.. 529.86 

Aug. 14. Do 18229.. 637.76 

14. Do .M8230.. 415.98 

31. Balance 188,435.53 



1862. 
Aug. 31. Balance. 



194. 172. 45 



198,368.36 



198,368.36 



To this amt. from military 

ledger ". 75, 717. 42 

Aug. 31. Balance 122,650.94 



198,368.36 



To this amt. transferred to 
military ledger 122, 855. 



1800. 
Aug. 31. By bal. from folio 571. 



Cs. 
$208,552.29 



208,552.29 



1861. 
Mar. 23. By balance. 



194,172.45 



Interest on Fitzhugh warrant 
transferred to 92 P. 



194.172.45 



1861. 

Aug. 31. Balance 188, 435. 53 

Oct. 9. Deposit wt. 4502 189.72 

Deposit wt. 4578 8, 513. 00 

Deposit wt. 4650 929. 91 

Deposit wt. 4652 300. 20 

198, .368. 30 

1862. 

Aug. 31. Balance 198.368.36 



198, 368. 36 

1862. 

Aug. 31. Balance 122,660.94 

Dep. W. No. 5126 204. 90 



90 



CLAIM OF THE STATE OF TEXAS. 



Exhibit K. 



(12A O, page 508.] 
Supplies furnished Capt. J. Williams' compawj. 



Dr. 

1800. 
June 19. 
Aug. 2. 



S. M. Swenson 15418.. $1,029.15 

Williams & Cowan 16086^. 2,139.90 

Jno. Williams 16087.. 121.00 

D. S. Hannah 16088.. 1,266.00 

Jas. Williams 16092.. 27.00 

J. B. Pyatt 16093.. 49.50 

T. H. Denson 16094.. 67.20 

F. M. Kirkpatrick 16095.. h3.00 

Robt. Kirkpatrick 16096. . 63. 00 

John Kirkpatrick 16097. . 67. 20 

N. D. McMillan 16098.. 67.20 

W. P. Duncan 16099.. 45.00 

Harvev Denson 16100.. 54.00 

.lohn H. Conner 16102. . 234. 00 

Edward Nortleet 16142.. 33.30 

B. A.Xeighbours 16143.. 42.20 

W. J. Eillott, ass 16144.. 54.00 

Robt. Ragsdale, ass 16145.. 67.20 

John Elliott, ass 16146. . 54. 00 

Wm. Sneed,ass 16147.. 54.00 

John Jackson, ass 16186. . 54. 00 

J. M.Jackson 16187.. 54.00 

Robt. Jackson, ass 16188.. - 50.70 

E. L. Barrett 16189.. 50.40 

Jesse A. Denson 10196. . 67. 20 

Balance 1,625.85 



Sept 


10. 




10. 




10. 




14. 




14. 




14. 




26, 


Oct. 







3. 




o. 




3. 


Nov. 


10. 




23. 


Dec. 


19. 


Mar. 


19. 


Aug. 


31. 



7, 500. 00 

N. D. McMillan, atty. . . 16275. . 707. 70 

Jas. Burleson, atty 16276.. 73.80 

W. P. Pierce 16277.. 54.00 

Enoch Shaw 16289. . 52. 50 

Wilburn Dawson 16290. . 54. 00 

Sam . R. Dawson 16291 . - 14. 70 

Harkey & Brown 16315. . 262. 60 

J. S. Edes 16357. . 58. 20 

Lafayette Fipps 16365. - 19. 80 

Wm.Bean 16380.. 54.00 

D. K. Williams 16366.. 54.00 

W. R. Wright 16499.. 36.00 

S. A. Quaite 16530.. 54.00 

J. F. Cavaness 16623.. 54.00 

A.Houston 17172. 31.50 

Balance 45.05 



1,625.85 



1860. 
Feb. 11. 



By appropriation . 



Cr. 

57,500.00 



1860. 
Aug. 31. By balance. 



7,500.00 



1,625.85 



1,625.85 



1&61. 
Sept. 24. J. W. Patty 18360.. 



42.20 



1861, 
Aug. 31. By balance 



CLAIM OF THE STATE OF TEXAS. 91 

Exhibit L. 

[9^ O, page 504.) 
Pay and si(bsiste/ur of troops on Rio Grande. 

DR. tlR. 

1S60. ; 18('0. 

Feb 17. J. P. Kelly 14753.. $1,083.30 i Feb. 15. By appropriation S40.000.00 

20. S. M. Swenson 14765.. 79.80 I May .5. Amount refunded 3,033.60 

21. F. T. Daffan 14782.. 10.60 i 

21. C. W. Whites 14786.. 200.00 : 

21: Angel Navarro 14788.. 190.00 1 

23. Samuel Bvington 11793. . 820. 00 

24. J. R. Brooks 14796.. 20.00 : 

Mar. 7. C. W. Howard 14862. . 22. 900. 88 ! 

21. N. Cox 14923.. 732.00 

21. M. Sanders 14924.. 274.50 

Apr. 16. Jos. Walker 15064.. 75.00 

24. R. H. Taylor 15097.. 470.00 

May 2. J. T.Miller 15138.. 75.00 

7. Geo. J. Hampton 15109.. 143.27 

10. R. J. Lawler & Co., ass. 15181. . .304.77 

10. H. E.Woodhouse, ass.. 15185.. 4.2.37.00 

15. H. Clay Davis, ass 15215. . 720. 00 ! 

15. Jno. Decker, ass 15216.. 05.62 

15. J. B. McClusky,ass 15217.. 972.86 

18. Henry Webb, ass 15227.. 366.57 \ 

22. H. Clav Davis, ass 15238.. 150.00 

23. Wm. B. Wrather 15243. . 4, 245. 00 ! 

28. Jno. Littleton 15262.. 105.00 i 

31. A. Wirbiskie 15288.. 1,758.83 

Balance 3,033.60 \ 



43,033.60 ' - 43,033.60 



Aug. 31. By balance 3,033. 60 

It should be noted that the act of March 3, 1905, applies in terms to money actually- 
expended by Texas "in payment of State volunteers or rangers." In a strictly mili- 
tary sense this can only be construed as allowing for the pay of the troops, to the exclu- 
sion of disbursements on account of subsistence, forage, equipments, ordnance stores, 
and other expenses. It is possible, however, that the expression "in payment of 
may have been intended by Congress to mean in payment of all of the expenses of 
the troops in question, including both pay, allowances, and other proper military 
expenses. In any event it will be seen from an examination of the accounts sub- 
mitted that it is impossible to segregate the amount expended by the State for pay 
proper from that expended for other" purposes. In the summary given below, there- 
fore, no attempt has been made to state separately the amount expended on account 
of pay of the troops, and that summary includes all expenditures for the purposes 
indicated in the respective State acts making the appropriations. 

It is also to be remarked that the act of March 3. 1905, requires that the money 
shall have been actually expended during the period of time between February 28, 
1855, and June 21, 1860. An examination of the accounts submitted shows that, 
while all of the State appropriations were made during the period indicated, some 
of the money was actually expended aftec June 21, 1860. A distinction is therefore 
made in the summary of expenditures between payments made before and those 
made after June 21, 1860. 

Attention is invited to the provision in section 5 of the act of the Legislature of 
Texas, approved January 14, 1856, for the payment of $50 to each of the persons 
appointed by the governor to receive six companies of mounted volunteers into the 
State service, and that in section 1 of the act approved January 12, 1860, for the 
l)ayment of peace commissioners at the rate of $5 a day each. It has not been pos- 
sible, from the accounts submitted, to determine whether any payments, and if so 
how much, were made on these accounts, and those provisos have also been disre- 
garded in the following summary. 

Subject to the foregoing remarks, the following table is submitted. 



92 



CLAIM OF THE STATE OF TEXAS. 



Amounts appropriated by the State of Texas betneen Feb. ?<<?, 1S5.5, and June ."/, 1860, 
on account of State roluutcers and rutu/ers called into the seri-ice of Texas in defense of 
the frontier of that State against Mexican marauders and Indian depredations, and the 
amounts paid on account of those appropriations. 



Comp- 
troller's 
designa- 
tion of 
appro- 
priation. 



Dec. 17, 18.10 1 2 K 

Do 3K 

Jan. 14, 18.16 iO K 

Do 11 K 

Aug. 30, 1856 90 L 

Do 01 L 

Do , 92 L 

Do 1 93 L 

Dec. I},18n7 1 100 L 

Nov. 17,1857 2M 

Jan. 27, 1&5S ; 5 M 

Jan. 12,1860 \\ „ ^ 

Feb. 8, 1860 1/ ^ '•^ 

Jan. 12, 1860 9 O 

Feb. 3, 1860 1 13 O 

Feb. 11,1860 12i O 

Sec. 1, chap. 81 9?. O 

Total I 



Amount paid- 



Amoimt 

appropri- 

atefi. 



Before 

June 21, 

1860. 



W6.091.12 

5. 755. 22 

6, 000. (X) 

55.000.00 

1.702.64 

1.843.39 

943. 17 

408. 97 

16. 000. 00 

20, 000. 00 

70. 000. 00 

64, 000. 00 60. 434. 39 



After 

June 21, 

1860. 



$15. .571. 01 
5, 750. 60 
4,026.43 j 
46,106.88 ! 
1.494.72 I 
1,764.86 i 
917.46 I 
408.97 i 
14,655.40 
20,000.00 
70. 000. 00 



10. 000. 00 

300. 000. 00 

7, 500. 00 

40,000.00 



9, 748. 28 
86. .544. 39 

1,029.15 
36, 966. 40 



615.244.51 375.418.94 



$45.60 



14. 882. 35 
6,468.00 



21.395.95 



Unex- 
pended 
balance. 



$.520.11 

4.62 

1,973.57 

8,893.12 

207.92 

78.53 

25.71 



1.. 344. 60 



3.520.01 

251.72 

108,573.20 

2.85 

3, 033. 60 



218, 429. 62 



With regard to the question as to whether the State of Texas has ever been reim- 
bursed for any of these expenditures, it is to be remarked that the only legislation 
providing for payments by the United States on account of the volunteers and militia 
m question that has been found is that contained in the acts of Congress approved 
March 3, 1S55 (10 Stat. L., 636, 673), March 3, 1859 (11 Stat. L., 434), and Jmie 21, 1860 
(12 Stat. L., 68). 

It appears from a letter dated November 11, 1871, addressed to the Secretary of the 
Treasury by the secretary of state of Texas (printed in Ex. Doc. Xo. 277, House of 
Representatives, 42d Cong., 2d sess., p. 141), and a letter dated November 16, 1871, 
addressed to the secretary of state of Texas by the Secretary of War (Ibid., p. 142). 
that none of the money appropriated by the acts of March 3, 1859, and June 21, I860, 
referred to above, was disbursed. 

The acts of Congress approved March 3, 1855, referred to above, appropriated the 
sum of $162,755.38 for six companies of Texas volimteers. With regard to that ap- 
propriation ('apt. Bradley, who examined the claim of the State of Texas in 1872, 
says in his report (Ex. Doc. No. 277, referred to above, p. 4): 

Eor these companies the total appropriated Mar. 3, 1855, was $162, 755. 38 

Between that date and the 30th of June, 1859, the total paid for their 
services and expenses was .-...: 93, 61 2. 47 

On the last-mentioned date war warrant Xo. 7 earned to the sur- 

])lus fund this balance 69. 142. 91 

A letter dated January 8, 1859, and addret^sed to the Adjutant General by the 
Second Auditor of the Treasury Department (printed in the same document, pp. 
124-125) shows that of the amount disbursed on account of this appropriation $68,449.70 
was paid to the six companies. He adds that "the records of the Third xiuditor might 
show an additional allowance for these companies for subsistence, etc., which would 
increase the allowance made by the United States." Nothing has been found to 
show to whom the remaining $25,162.47 disbursed on account of this appropriation 
was paid; but it is reasonably certain that none of it was paid to the State of Texas to 
reimburse that State for moneys expended on account of the volunteers in question. 

Answering the inquiry, directed by the act of March 3, 1905 — 

"what sum or sums of money were actually expended by the State of Texas during 
the period of time between February 28, 1855, and June 21, 1860, in payment of State 
volunteers or rangers called into service by authority of the Governor of Texas in 
defense of the frontier of that State against Mexican marauders and Indian depreda- 



CLAIM OF THE STATE OF TEXAS. 93 

tions, for which reimbursement has not been made out of the Treasury of the United 
States "— 

it appears from the foregoing State appropriations and statements of accounts that the 
total amount expanded by Texas between February 28, 1855, and June 21 , 1860, on 
account of the volunteers and rangers in question, was $375,418.94. If the payments 
on accounts of these State troops made after June 21, 1860, from appropriations made 
before that date are included, the amount will be increased to $396,814.89. No evi- 
dence has been found showing that the State of Texas was reimbursed out of the 
Treasury of the United States for anj' of the expenditures included in that amount. 
Respectfully submitted . 

F. C. AiNSWORTH, The Military Secretary. 
War Department, 

The Military Secretary's Office, 

January 27, 1906. 



Exhibit G. 

[Senate Document No. 67, Sixty-second Congress, first session.] 
Claim of the State of Texas for Defense of the Frontier. 

Additional claim of the State of Texas for reimbursement of moneys expended in 
frontier defense in 1856 and 1860-61. 

On February 1, 1905, Mr. Culberson, in the Senate, submitted an amendment to 
the general deficiency appropriation \A\\, which was adopted, providing: 

"The Secretary of War is hereby directed to inquire and report to Congress for its 
consideration what sum or sums of money were actually expended by the State of 
Texas during the period of time between Fel)ruary twenty-eighth, eighteen hundred 
and fifty-fi^'e, and June twenty-first, eighteen hundred and sixty, in payment of 
State volunteers or rangers called into service by authority of the go'V'emor of Texas, 
in defense of the frontier of that State against Mexican marauders and Indian depre- 
dations, for which reimbursement has nut been made out of the Treasiu-y of the 
United States." 

In compliance with this provision of the act, on January 27, 1906, the Secretary of 
War sent to the Senate a report (S. Doc. No. 169, 59th Cong., 1st sess.) of the result 
of his investigations, which disclosed that the amount of money actually expended V>y 
the State, as shown by vouchers presented by the State authorities, between the dates 
named in Mr. Culberson's amendment was $375,418.94; and that additional sums were 
expended by the State for like piu-poses subsequent to June 21, 1860, aggregating 
$21,395.95. In conformity with this report, the general deficiency appropriation bill 
(59th Cong., 1st sess.) approved June 30, 1906, carried the following: 

"Payment to Texas. — To reimburse the State of Texas, in full settlement of all 
claims of any nature whatever on account of moneys actually expended by that State 
dm-ing the period of time between February twenty-eighth, eighteen hundred and 
fifty-five, and June twenty-first, eighteen hundred and sixty, in payment of State 
vohmteers or rangers called into ser^dce by authority of the governor of Texas, in 
defense of the frontier of that State against Mexican marauders and Indian depreda 
tions, for which reimbursement has not been made out of the Treasury of the United 
States, as ascertained under the act of Congress approved March third, nineteen hun- 
dred and five, and certified in Senate Document Numbered One hundred and sixty- 
nine, of this session, three htmdred and sevent>'-five thousand four htnidred and 
eighteen dollars and ninety-four cents." 

Thereafter, in 1908, Congress made a further appropriation to cover the additional 
amount of $21,395.95 theretofore reported by the Secretary of War to have been 
expended by the State of Texas for frontier defense subsequent to Jtme 21 , 1860. 

Apparently these two appropriations covered all valid existing claims of the State 
of Texas. It should be here particularly noted, however, that at page 32 of the report 
of the Secretary of War (S. Doc. No. 169) it is recited that .$198,573.26 of the $300,000 
appropriation made by the Legislature of Texas for frontier defense on February 3, 
1860, was unexpended. 

It now appears conclusively that in the latter part of 1908, and subsequent to the 
appropriations by Congress of 1906 and 1908, heretofore recited, an old military ledger 
was discovered in the comptroller's office of the State of Texas, which discloses that 



94 CLAIM OF THE STATE OF TEXAS. 

of this supposedly unexpended balance of $198,573.26, as a matter of fact the sum of 
$179,434.17 was expended by the State of Texas in frontier defense between June 6, 
18G0, and March 4. 1861, and that each item of this expenditure is fully attested by an 
original voucher. 

In addition to this, it is claimed and shown by the State that the further sum of 
$3,646.60, appropriated by the legislature in January, 1857, for pay of companies of 
minutemen commanded by Capts. John W. Sansom, J. M. Davenport, and R. W. 
Black, was inadvertently omitted from the proofs of claims presented to the Secretary 
of War in 1905, and that this amount should be refunded. 

The failure of the State authorities to present the larger claim for $179,434.17 accruing 
June 6, 1860, to March 4, 1861, is fully explained by the entire lack of knowledge of 
the existence of the old military ledger and vouchers showing its expenditure. This 
want of knowledge is easily accounted for, when the total destruction of the State 
capitol by fire, November 9, 1881, is recalled. In that tire many of the books and 
records of the several State departments were destroyed, many of them were lost, 
and those preserved were so inextricably jumbled together and damaged by fire and 
water, that for many years it seemed an almost hopeless undertaking to put them in 
order; and even yet the work has not been wholly completed. 

The failure to present the smaller claim is ascribed wholly to inadvertence; and this 
must be so, since cognizance of the claim, or at least of the existence of the companies 
of minutemen on whose account it is made, apjiears in a letter of the Secretary of War 
of January 19, 1878 (p. 20, S. Ex. Doc. No. 19, 45th (.'ong., 2d sess.), and it is not 
included in either of the appropriations of 1906 and 1908, as is shown by reference to 
Senate Document No. 169, ante. 

The following letter from the governor of Texas, with accompanying papers, show 
the character and history of the claim .somewhat in detail: 

Executive Office, State op Texas, 

Austin, July 6, 1911. 
Hon. Charles A. Culberson, 

United States Senate, Washington, D. ('. 

Dear Senator: 1 am handing you herewith a report to me by Capt. E. M. Phelps, 
concerning claim of the State of Texas against the United States for $179,434.17, which 
was disbursed in the payment of the State troops by the State of Texas in the defense 
of her frontier during the latter part of the year 1859 and the first part of 1860 against 
Indian and Mexican marauders. Capt. Phelps's report to me explains the matter 
concisely and fully. 

In addition to the sum already mentioned the United States Government is due 
the State of Texas some $3,646.60 expended under an act of the Texas Legislature 
passed in January, 1857, for the payment of three companies of minutemen, com- 
manded by Capts. John W. Sansom, J. M. Davenport, and R. W. Black, making a 
total due by the United States Governmoit on said claim of $183,080.77, with interest 
from the time Texas made the payment. 

I also hand you a copy of circular issued by the Texas adjutant general's department 
quoting the act of Congress of May 30, 1909, extending the benefits of pensions to those 
engaged in the defense of the frontier of the State of Texas against Indian and Mexican 
marauders. Attached you will find an act of the Texas Legislature, approved Feb- 
ruary 3, 1860, another act approved January 2, 1860, and a third act approved Feb- 
ruary 14, 1860, under which the State of Texas expended these moneys. 

I am sending you this data and information with request that you prepare a bill and 
introduce it in the Senate providing for the refund oi these amounts to Texas. The 
passage of such an act will also entitle those who gave their services to the State in 
defending her frontier against Mexican marauders and Indians an opportunity to draw 
the pensions to which they are entitled. 

Any further information which you may deem necessary will be furnished you upon 
request. I feel sure there can be no valid or substantial objection on the part of any- 
one to the payment of this money. 

Yours, truly, O. B. Colquitt, Goveiifior. 



Austin, Tex., June 12, 1911. 
Hon. 0. B. CoLQUiiT, 

Governor of Texas, Austin. 
Dear Sir: By your direction, I have the honor to submit the following statement 
in regard to an unsettled claim of the State of Texas against the United States, for pay 
of troops in defense of her frontier during the latter part of the year 1859 and the hrsi 
part of 1860. against Indians and Mexican marauders. 



CLAIM OF THE STATE OF TEXAS. 95 

HISTORY OF THE NEW CLAIM. 

The Eighth Legislature of Texas, on February 3, 18G0, made an appropriatiou of 
$300,000 for pay and maintenance of State troops then in the service on the west and 
north frontiers under the command of Col. M. T. Johnson and Maj. John S. Ford on 
the lower Rio Grande against Mexican marauders under Cortina, a Mexican outlaw, 
and there was paid out of said appropriation for the maintenance and equipment of 
the troops serving under Col. Johnson and Maj. Ford, and to other ranging companies 
called into service by Gov. Sam Houston, the sum of $101,416.74, being the amount 
of the refund made by the Federal Congress in 1906-1908, from said appropriation of 
$300,000 as determined in the report made to Congress by the Secretary of War, in 
answer to the inquiry directed to him by the act of March 3, 1905: 

"What sum or sums of money were actually expended by the State of Texas during 
the period of time between February twenty-eighth, eighteen hundred and fifty-five, 
and June twenty-first, eighteen hundred and sixty, in payment of State volunteers 
or rangers called into service by authority of the governor of Texas in defense of the 
frontier of that State against Mexican marauders and Indian depredations, for which 
reimbursement has not been made out of the Treasury of the United States." 

From the above it is found that there was an unexpended balance of said appro- 
priation of $198,573.26, which was transferred to military ledger on or about June 1, 
1860, and was paid out under resolution of the Eighth Legislature of Texas to the organi- 
zations hereinafter named, viz: 

June 6, 1860, to Sept. 30, 1860. $61, 512. 86 

Oct. 1, 1860, to Oct. 31, 1860 1, 640. 13 

Nov. 1, 1860, to Mar. 4, 1861 116, 281. 18 

Total 179, 434. 17 

The above is the amount covered by 10 per cent warrants issued by the comptroller 
of the State of Texas, with the approval of the governor. 

FRONTIER DEFENSE AGAINST INDIANS. 

For pay, etc., of the following organizations from June 6, 1860, to March 4, 1861, as 
shown by said military ledger and original A'ouchers for each warrant: 

Indian depredations: Capt. W. C. Dalrymple's company, Lieut. Dixon Walker's 
company, Capt. J. C. Conner's company, Capt. Ed. Burleson's company, Capt. T. J. 
Johnson's company, Capt. N. H. Darnell's company, Capt. W. M. Wood's company. 
Capt. G. S. Fitzhugh's company, Capt. L. S. Ro.ss's company, Lieut. A. B. Burleson's 
company, Capt. W. H. Berry 's company, Capt. William Fitzhugh's company, Lieut. 
Salmon's company, Lieut. Ballintyne's company. 

Cortina War: Capt. John S! Ford's company, Capt. John Littleton's company, 
Capt. W. D. Herron's company, Capt. Jo. Tumblinson's company, Capt. William 
Tobiu's company. 

The officers and men serving on the frontier against Indians and on the lower Rio 
Grande against Mexican marauders received no pay from the State for the period 
of service in 1859-60, other than that shown by the military ledger heretofore referred 
to, which discloses the fact as to what payment was made, each item being fully 
attested by an original voucher. 

This new claim of the State of Texas was not known at the time the one for $396,814.89 
was refunded bj^ the United States, but was discovered later among old archives on 
file in the department of the comptroller of public accounts of this State, in September. 
1908. 

The Commissioner of Pensions for the United States was advised on September 10, 
1908, of the discovery of this ledger and vouchers pertaining thereto, as it was believed 
that many applicants for pensions under act of Congress, approved May 30, 1908. 
would, with this proof of payment, be eligible. Acting on request made in letter of 
September 10, 1908, the Commissioner of Pensions sent Mr. Charles G. Townsend, of 
his department, to Austin to make a special examination of said ledger and vouchers, 
in order to ascertain the eligibility of certain applicants under said act of Congress. 
Mr. Townsend spent about two weeks in the adjutant general's office and made a 
thorough examination, and found that the payments as shown by the said ledger 
constituted a new claim against the United States, as it clearly appeared that no part 
thereof had ever been refunded by the United States, and as the State of Texas had 
never been reimbursed therefor, the siu'viving officers and enlisted men and surviving 
widows would not be eligible under said act until the State of Texas is reimbursed. 

In the event this claim is refunded, some 200 or more survivors will, under the ruling 
of the Commissioner of Pensions, become eligible under the present act of Congress. 



9G CLAIM OF TH£ STATE OF TEXAS. 

as the records will then show required reimbursement, and secure pensions to many 
old rangers and their surviving mves, who are shown to have been paid by the State of 
Texas for service in the latter part of 1859 and first part of 1860. 

The payments made to officers and enlisted men of organizations, heretofore referred 
to, was through the determined effort of Gov. Sam Houston, who secured the passage 
of the appropriation of $300,000, and of the resolution providing for their pay in 10 per 
cent warrants. 

THE EMERGENCY FOR THE CALL. 

The conditions existing on the western and northern frontiers In 1859, owing to the 
unchecked depredations of Indians, created an emergency and was met by Gov. 
Houston, immediately after being inducted into office, by a call for troops and the 
organization of a regiment for frontier defense. At the same time Juan Cortina, a 
Mexican outlaw, invaded Texas with a lai^e force for the purpose of wholesale robbery 
and murder. Volunteers were hastily raised in southwest Texas, and Cortina, after a 
bloody engagement near Roma, Mexico, was driven across the Rio Grande with a loss 
of 125 men. 

The facts, which are historical, demonstrated the urgent necessity for both calls of 
Gov. Houston for the defense of the frontier against Indians and Mexican marauders, 
and his insistence for the pay of the troops who had, inspired by patriotic motives, 
responded to the call of their State in the hour of need. 

THE CLAIM IS JUST, 

Referring to House concurrent resolution 32, will submit that the present claim was 
not discovered until September, 1908. and was unknown at the time of the refund of 
the claim for $396,814.89, for frontier defense, which was -submitted under a resolution 
of Congress, heretofore quoted, to the Secretary of War in January, 1905, and that the 
beet evidence of the validity of the claim is attested by original records and vouchers 
for every item of payment amounting to $179,434.17, paid in State warrants, bearing 10 
per cent interest, by virtue of authority conferred by an act of the Eighth Legislature of 
Texas, approved Februaiy 14, 1860, and the further sum of $3,646.60, under act of 
January, 1857, for pay of those companies of minutemen commanded by Capts. John 
W. Sansoni, J. M. Davenport, and R. W. Black, which was inadvertently omitted 
from the refunded claim as presented to the Secretary' of War in January, 1905, which 
makes the total amount still due the State of Texas for the protection of her frontier 
against Indians and Mexican marauders to March 4, 1861, $183,080.77. 

In order to substantiate the facts alleged in the foregoing statement, reference is 
made to the following acts of the eighth legislature: An act for the protection of the 
frontier, page 13; an act making appropriation for the protection of the frontier, page 
38; joint resolution approved November 18, 1859, page 140; reports of Col. M. T. 
Johnson, Maj. John S. Ford, and Capt. L. S. Ross. 

These reports cover service on the west and northern frontier and in the Cortina War, 
and are important in showing actual service in the lield. The reports of Maj. John S. 
Ford and '"apt. L. S. Ross are of historical interest. Maj. Ford reports a battle with 
Cortina and Capt. Ro.<s gives a graphic description of the capture of Cynthiana Parker 
and her son, Quanah. Also reference is made to a circular of 1909 in regard to pensions 
under act of Congress approved May 30, 1908. 

In conclusion. Governor, I will state that I have made this report as brief as possible, 
believing that any explanations necessary could be made personally, I have the honor 
to be. 

Yours, very respectfully, E. M. Phelp.s, State Agent. 

[Circular No. 3.) 

Adjutant General's Department, 

Austin, Tex., June 8, 1909. 

IMPORTANT. 

The circular of August 9, 1908, as amended, relative to pensions for State troops or 
rangers, provided for imder the act of Congress, approved May 30. 1908, to include 
a list of companies who were paid during the latter part of 1859 and the first part of 
1S60. discovered in an old military ledger during the month of September, 1908, la 
republiphed and amended to read as follows: 



CLAIM OF THE STATE OF TEXAS. 97 

[Act of CongPi-ss, approved May 30, 1908.) 

"AN ACT Peusioniug the sur\'iving officers and enlisted men of the Texas volunteer.; employed in the 
defense of the frontier of that State against Mexican marauders and Indian depredations from eighteea 
hundred and fifty-five to eighteen hundred and sixty, inclusive, and for other purposes. 

" 5e it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the provisions, limitations, and benefits of an act entitled 
'An act granting pensions to survivors of the Indian Wars of eighteen hundred and 
thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk 
War, Creek War, Cherokee disturbances, and the Seminole War,' approved July 
twenty -seventh, eighteen hundred and ninety-two, be, and the same are hereby, 
extended from the date of the passage of this act to the surviving officers and enlisted 
men of the Texas volunteers who served in the defense of the frontier of that State 
against Mexican marauders and Indian depredations from the year eighteen hundred 
and fifty-five to the year eighteen hundred and sixty, inclusive; and also to include 
the surviving widows of such of said officers and enlisted men; Provided, That such 
widows have not remarried: Provided further, That where there is no record of enlist- 
ment or muster into the service of the United States in the service mentioned in this 
act the fact of reimbursement to Texas by the United States, as evidenced by the 
muster rolls and vouchers on file in the War Department, shall be accepted as full 
and satisfactory proof of such enlistment and service: Arid provided further, That 
all contracts heretofore made between the beneficiaries under this act and pension 
attorneys and claim agents are hereby declared null and void. ^ 

"Approved May 30, 1908." 

The above act extending the provisions of the act of July 27, 1892 (a law pension- 
ing survivors of the various Indian Wars), to certain Texas Rangers who served on 
the frontier of that State during the years 1855 to 1860, applies to the following com- 
panies, whose men and their widows may be entitled to the benefits of this act. 
Under the terms of this new law, and former pension laws, the surviving officers and 
enlisted men, and the surviving widows of officers and enlisted men of the following- 
named Texas Ranger companies, may, by conforming to all I'equirements of the 
Pension Bureau, receive pensions: 

Capt. G. S. Bogess, 87 men; mustered in December 23, 1854; mustered out March 22, 
1855. 

Capt. John G. W'alker, 84 men; mustered in December 1, 1854; mustered out 
March 31, 1855. 

Capt. William R. Henry, 86 men; mustered in December 14, 1854; mustered out 
March 31, 1855. 

Capt. William Fitzhugh, 84 men; mustered in December 24, 1854; mustered out 
March 23, 1855. 

Capt. Charles E. Travis, 80 men; mustered in December 1, 1854; mustered out 
AprU 1, 1855. 

Capt. P. H. Rogers, 78 men; mustered in December 22, 1854; mustered out March 
21, 1855. 

J. H. Callahan, captain; Ed Burleson, first lieutenant; William Kyle, second lieu- 
tenant; 88 men; mustered in July 20, 1855; mustered out October 19, 1855. 

Nat Benton, captain; H. B. King, first lieutenant; Chas. A. Read, second lieuten- 
ant; 26 men; mustered in September 15, 1855; mustered out October 15, 1855. 

William R. Henry, captain; Houston Torn, first lieutenant; 36 men; mustered in 
September 15, 1855; mustered out October 15, 1855. 

William Tom, captain; Robt. E. Jones, first lieutenant; W. M. Rust, second lieu- 
tenant; 88 men; mustered in October 18, 1855; mustered out November 15. 1855. 

Wm. G. Tobin, captain; 28 men; mustered in October 12, 1855; mustered out No- 
A ember 15, 1855. 

Levi English, captain; Joel M. Walker, second lieutenant; 56 men; mustered in 
August 6, 1855; mustered out November — , 1855. 

J. W. Sansom, captain; 14 men; mustered in April 16, 1856; mustered out July 16, 
1856. 

J. M. Davenport, captain; Jos. G. Brown, lieutenant; 37 men; mustered in March 

13, 1856; mustered out June 1, 1857. 

R. W. Black, captain; James Moseley, lieutenant; 30 men; mustered in January 
1, 1856; mustered out December 31, 1856. 

Thomas K. Carmack, 20 men; mustered in December 14, 1857; mustered outMarch 

14, 1858. 

John H. Conner, 31 men; mustered in December 2, 1857; mustered out March 2, 
1858. 

H. Doc. 551, 62-2 7 



98 CL-\IM OF THE STATE OF TEXAS. 

John S. Hodges. 20 men; mustered in December 14, 1857; mustered out March 14, 
1858. 

T. C. Frost, 20 men; mustered in December 21, 1857; mustered out March 21, 1858. 

John S. Ford, captain; Ed Burleson, first lieutenant; A. Nelson, second lieutenant; 
W. A. Pitts, second lieutenant; J. H. Tanker-sley, lieutenant; 135 men; mustered in 
January 10, 1858; mustered out August 10, 1858. 

John Williams, captain; D. C. Cowan, lieutenant; 20 men; mustered in May 24, 
1858; mustered out July 24, 1858. 

William G. Preston, captain; 24 men; mustered in April 20, 1858; mustered out 
June 30, 1858. 

W. N. P. Marlin, captain; 34 men; mustered in July 15, 1858; mustered out No- 
vember 15, 1858. 

Ed Burleson, captain; J. E. Mcl'ord, first lieutenant; James Carson, second lieu- 
tenant; J. G. liarbee, surgeon; 75 men; mustered in between Januarj^ 1 and June 1, 
I860; mustered out September 7, 1860. 

John S. Ford, captain; J. R. Gibbons, lieutenant; Aaron Burleson, lieutenant; 87 
men; mustered in November 10, 1858; mustered out May 10, 1859. 

W. N. P. Marlin, lieutenant; 22 men; mustered in February 24, 1859; mustered out 
April 4, 1859. 

J. H. Brown, captain; J. W. Nowlin, first lieutenant; J. Y. Carmack, .second lieu- 
tenant; W. H. White, first lieutenant; J. D. Bell, second lieutenant; H. Bradford, 
surgeon; W. E. Oakes, surgeon; 77 men; mustered in June 28, 1859; mustered out 
September 12, I899. 

The following is a list of certain volunteer companies which operated against Cortinas 
in November and December, 1859, and about which there is no record of when they 
were mustered in and out of service: Capt. Tobin's company, 65 men; Capt. Tomlin- 
eon's company, 35 men; Capt. J. H. Hampton's company, 20 men; Capt. Kennedy's 
Cant. Thompson's, Capt. Littleton's, and one company in addition to the above, 
called the ''Indianola company." 

The muster and pay rolls as set forth in paragraph 1 are on file in the Wslt Depart- 
ment, having been originally placed there as a part of the claim of the State of Texas 
for the refund of money expended for the defense of her frontier between the years 
1855 and 1860. The following additional rolls, 14 in number, have been forwarded to 
the Chief, Pension and Record Office, Washington, D. C, and will be placed on file 
in the Pension Department: 

John Williams's company, 113 men. Original roll Capt. John Williams's second 
company of Texas Rangers, September 29, 1858. 

Peter Tomlinson's company, 46 men. Original letter from Capt. Peter Tomlinson 
to Gov. Sam Houston, and accompanying petition showing names of the members of 
the company commanded by Capt. Tomlinson, January 12, 1860. 

Lieut. John Scanland's company, 16 men. Original muster roll of Montague 
County Minute Men, company of Texas Rangers. Called into service by Gen. Sam 
Houston, April 7, 1860, for six months, unless sooner discharged. 

Walker's Mounted Rifles, 50 men; Lovenskiold's Company Moimted Rifles. 
Original certificate showing place and time of the organization of Walker's Mounted 
Rifles and the oflScers and members belonging to same. Certificate under oath of 
commanding officer of organization, etc. Filed for record November 25, A. D. 1859, 
at 12 o'clock ra., Reuben Halbein, clerk, C. C, N. C. 

Lieut. Ballentyne's detachment minute men, 15 men. Original muster roll of 
Lieut. Ballentyne's detachment, March 29, 1860, to Julv 3, 1860, with original cer- 
tificate of O. B. Mills, chief justice, B. C, July 3, A. D. i860. 

Capt. G. H. Nelson's company, 75 men, mounted militia, in the service of the 
United States, October 10, 1857, to December 28, 1857. 

Lieut. John Salmon's detachment mounted rangers, 20 men. Original monthly 
return, the same also being an original muster roll showing the names of the officers 
and members of said company. May 12, 1860. ' 

Capt. William Tom's company, 54 men. Original muster roll; company organ- 
ized October 18, 1855. Note: Reference is made to the pay rolls of the companies of 
Cants. Tom, English, and Tobiu, which show the payment of this company. 

Original pay roll William Tobin's company, 24 men; Levi English's company, 44 
men; William Tom's company, 45 men; James H. Raymond, paymaster. Filed 
July 30, 1857, and admitted for $4,394.31. 

Capt. James Bourland's first company, 90 men. Original duplicate muster roll 
Capt. Bourland's first company mounted volunteers, Texas Rangers, October 28, 1858, 
to January 28, 1859. 

Capt. James Bourland's second company, 34 men. Original muster roll Bourland's 
second company mounted volunteers, State service, January 28, 1859, to April 28, 
1859. 



CLAIM OF THE STATE OF TEXAS. 99 

T. J. Hale's company, 77 men. Original list of names of officers and members, 
Texas Rangers, State volunteers, known as Uvalde Rangers, October 12, 1859. 

Andrew Herron's company, 37 men. Original muster roll, November 18, 1859, to 
January 1, 1860. Also accompanying is muster and pay roll of said company from 
November 18, 1859, to January 1, 1860. 

Original muster roll Capt. G. S. Fitzhugh's company, 29 men; Texas Rangers, who 
served from May 20 to October 20, 1860. 

Soon after publication of the circular of August 29, 1908, an old military ledger was 
discovered in the comptroller's office, which disclosed a new claim of the State of 
Texas for protection of her frontier against Indians and Mexican marauders, amount- 
ing to about $184,000 in round numbers, and not included in the original claim of 
$396,814.89, reimbursed by the United States during the years 1906 and 1908. This 
ledger and the vouchers pertaining thereto show that the members of the following 
companies were paid for their services during the latter part of 1859 and the first 
part of 1860: 

Cortina War: Capt. John S. Ford's company, Capt. John Littleton's company, 
Capt. W. D. Herron's company, Capt. Joe Walker's detachment, Capt. Joe Tomlin- 
son's company, Capt. William 'Tobm's company, Capt. E. J. Hampton's company. 

Indian depredations: Capt. W. C. Dalrymple's company, Capt. Connor's company, 
Capt. Ed Burleson's company, Capt. T. J. Johnson's company, Capt. N. H. Darnell's 
company, Capt. White's company, Capt. G. S. Fitzhugh's company, Capt. L. S. Ross's 
company, Lieut. A. B. Burleson's company, Lieut. Salmon's company, Capt. H. W. ■ 
Berry's company, Lieut. Dixon Walker's company, Capt. Wm. Fitzhugh's company, 
Lieut. W. C. Lewis's Minute Men. 

The members of the above companies are not now entitled to pensions under the 
provisions of the pension law, owing to the fact that the United States has not reim- 
bursed the State of Texas for their services, and in order to make title it is necessary 
to prepare a new claim as shown l)y the military ledger referred to and present the 
same to Congress for reimbursement. In order to secure the amount paid by Texas 
in the protection of the frontier against Indians and Mexican marauders, not included 
in the original claim paid in 1906 and 1908, the thirty-first legislature at its regular 
session enacted the following: 

"House concurrent resolution No. 12. 

"Whereas there still exists an unsettled claim of the State of Texas against the 
United States for protection of her frontier against Indian depredations and Mexican 
marauders from February twenty-eighth, eighteen hundred and fifty-five, to Decem- 
ber thirty-first, eighteen hundred and sixty, which, on account of not having been dis- 
covered until the month of September, nineteen hundred and eight, was not included 
in the claim of Texas for three hundred and ninety-six thousand eight hundred and 
fourteen dollars and eighty-nine cents, made up out of the amounts paid out of the 
several appropriations by the State for protection of her frontier during the period 
heretofore stated, which sum was reimbursed to the State by act of Congress m the 
general deficiency bills for the fiscal years nineteen hundred and six and nineteen 
hundred and eight, as follows: Fifty-ninth Congress in May, nineteen hundred and 
six, three hundred and seventy-five thousand four hundred and eighteen dollars and 
ninety-five cents; Sixtieth Congress in May, nineteen hundred and eight, twenty-one 
thousand three hundred and ninety-five dollars and ninety-five cents; total, three 
hundred and ninety-six thousand eight hundred and fourteen dollars and eighty- 
nine cents, this being amount of the claim as originally made by the adjutant gen- 
eral's department, and submitted under a resolution of Congress to the Secretary of 
War, in January, nineteen hundred and five. 

"Whereas that during the time of the preparation of the said claim, as reimbursed, 
there was no evidence of record obtainable that more than the sum of one hundred 
and one thousand four hundred and sixteen dollars and seventy-four cents had been 

Eaid out of an appropriation of three bundled thousand dollars made by the seventh 
egislature of Texas, approved February third, eighteen hundred and sixty, for the 
protection of the frontier, and owing to that fact only that amount out of said appro- 
priation was included in the original claim for three hundred and ninety-six thousand 
eight hundred and fourteen dollars and eighty-nine cents. It was disclosed by a 
footnote to the account for payments out of said appropriation of three hundred thou- 
sand dollars that the sum of one hundred and ninety-eight thousand three hundred 
and sixty-eight dollars and eighty-three cents was transferred to a military ledger and 
afterwards paid out in accordance with an act of the seventh legislature for supplies 
and pay of State troops called into service in the latter part of the year eighteen 
hundred and fifty-nine and the first part of the year eighteen hundred and sixty by 
Governor Sam Houston. 



100 CLAIM OF THE STATE OF TEXAS. 

"Thin military ledger wns di^scovered, as heretofore stated, during the month of 
September, nineteen hundred and eight, as well as the original vouchers (.-overing 
every entry in said ledger. 

"Whereas, as this unsettled claim for the protection of the frontier of this State 
is clearly established by record evidence in a sum not less than one hundred and 
eighty-four thousand dollars: Therefore be it 

''Resolved by the house of representatives (the senate concurring), That the governor 
of the State be, and he is hereby, requested to investigate the above facts, and if he 
finds them true as stated, then to take such steps as may be necessary to collect the 
claim, and have the amount so collected placed in the treasury of the State; be it 
further 

''Resolved, That no commission or sum of money shall be paid by the State other 
than the actual expense incurred in the preparation and presentation of the claim, 
which shall not exceed the sum of two thousand dollars, and that the said claim shall 
be collected through the adjutant general's department of this State and the Texas 
delegation in Congress. 

"Approved, March 17, 1909." 

Under the act of July 27, 1892, it is required that the soldiers must have served 
at least 30 days in order to be entitled to pensions. Thus it will be seen that some 
of the Texas Rangers who served for a shorter period of time than 30 days may not 
be entitled to pension unle.ss they served in more than one company, which was 
frequently the case. From the foregoing statement, however, it appears that all of 
the companies served over 30 days, with exception of one. 

As before stated, this law simply extends the provision of the original act of July 27, 
1892, to the surviving Texas Rangers and the widows of Texas Rangers who served 
during the years 1855 to 1860, inclusive. Under it the Rangers and widows will receive 
$8 and $12 per month, respectively, which are maximum pensions allowed to veterans 
and widows of veterans of the Indian wars. Under this law the pensions, if granted, 
will start from the date of the filing of the application. The law is not retroactive, 
and neither the Rangers nor their widows will receive back pensions from the date 
of the original act of July 27, 1892. Congress has never passed retroactive pension 
laws, and all statement'^ appearing in the press to the effect that the Texas Rangers 
will receive back pay are erroneous. 

The officials of the Pension Bureau are anxious to facilitate and aid in every way 
they can to secure prompt action upon all applications for pension, but in order to 
prevent fraud they have found it necessary to adopt certain regulations which must 
be conformed to, and all surviving Rangers and widows of Rangers who make applica- 
tion for pension under this act must be very careful when filling out the applica- 
tion blank to make as few mistakes as possible in dates, as such mistakes invariably 
entail delay and frequently result in the rejection of the application. Especially 
should widows be careful to give the correct dates of their marriage and death of 
their husbands. When discrepancies concerning dates are found in an application 
it is sometimes quite difficult for the applicant to correct them to the satisfaction of 
the officials of the Bureau of Pensions. 

On application to the adjutant general's department the necessary blanks will be 
furni.shed applicants, whose attention is called to the foregoing paragraph of this cir- 
cular giving instructions for the preparation of the application, which can be mailed 
to one of the United States Senators or Representatives from Texas, who will no 
doubt take pleasure in filing it with the Commissioner of Pensions, Washington, D. C. 

Under this law all contracts made prior to its passage are canceled. 

By order of the governor: 

E. M. Phelps, 
Assistant Adjutant General. 

rHAPTER 43. 
AX .\CT -Making appropriations for the protection of the frontier. 

Section 1. Be it enacted by the Lei/islature of the State of Texas, That the sum of three 
hundred thousand dollars, or so much thereof as may be necessary, out of any mone>' 
in the treasury not otherwise appropriated, be, and the same is hereby, appropria- 
ated for the pay and subsistence of the force which has been or may be called into the 
service by the governor for the protection of the frontier: Provided, That only so much 
of said appropriation shall be drawn from (he treasury from time to time as can be so 
drawn without leaving a deficit in the amount required of the current revenue from 
time to time to pay the ordinary current expenses of the government. 

Sec. 2. That incase the governor shall find that there is not money enough in the 
treasury to meet the foregoing appropriation fully as the same may 1 e needed from 
time to time, or that the amount of said appropriation is not sufficient to carry out 



CLAIM OF THE STATE OF TEXAS. 101 

the provisions of this act for the protection of the frontier, then, in either event, he 
shall cause only such payments to be made in cash as can not be contracted for other- 
wise, and whenever payments are to he upon contracts or for services under said act 
which are not necessary cash demands, such payments shall be made pro rata. It is 
provided, however, that the indebtedness created under this section shall at no time 
exceed the sum of two hundred thousand dollars. The comptroller of public accounts 
shall, under the special direction of the governor, audit and adjust all claims and 
accounts created under the provisions of this section and certify such adjustrnent 
to the party interested, and such accounts shall be paid as may hereafter be proAdded 
by law. 
Sec. 3. That this act shall take efiect from and after its passage. 

Approved, February 3, 1860. 

The State of Texas, Department op State. 
I. C. C. McDonald, secretary of state of the State of Texas, do hereliy certify that 
the attached and foregoing is a true and correct copy of sections 1 , 2, and 3 of chap- 
ter 43, acts of the Eighth Legislature of the State of Texas, entitled "An act making 
appropriations for the protection of the frontier," as the same appears of record in 
the records of this department in the General Laws of Texas, 1859-60, page 38. 

In testimony whereof I have hereunto signed my name officially and caused to 
be impressed hereon the seal of State at my office in the city of Austin, Tex., this 
the 21st day of June, A. D. 1911. 

C. C. McDonald, 

Secretary of State. 
Chapter II. 

AN ACT For the protection of the frontier. 

Whereas a state of hostilities exists between the people of the State of Texas and 
various Indian trijaes who inhabit the unsettled portions of the State and adjacent 
territory— bands of said Indians having at various times within the last three years 
invaded our settlements, murdered our people, and carried off or destroyed their 
property, so that the frontier settlements are receding before the invaders, and our 
frontier counties in danger of depopulation; and 

Whereas the Federal Government, whose duty it is primarily to protect the State 
from such hostilities, has not efficiently afforded such protection; and 

Whereas we are continually in such imminent danger of being invaded by said 
hostile Indian tribes as will not admit of delay: Therefore 

Section 1. Be it enacted by the Legislature of the State of Texas, That the governor of 
State be, and he is hereby, authorized to raise and muster into the service of the State 
a regiment of mounted men, if so many be necessary, consisting of ten companies, or 
such smaller number as he shall deem sufficient to afford efficient protection to the 
entire frontier; and one-half of said force, at least, shall be immediately, upon their 
organization, placed on the frontier, in such manner as to act as spies and minutemen, 
for the protection and defense of the settlements, as the governor may think proper. 
Each company shall be composed of eighty-three men, rank and file, to be enlisted for 
the term of twelve months, unless sooner discharged; to be reenlisted for another terni 
of twelve months, or others taken in their place, at the expiration of the ffi'st term of 
service, the officers of each company to be elected by the men composing the same. 

Sec. 2. For the command of the whole of said force the members snail elect a colonel, 
a lieutenant colonel, and a major, and each company shall have one captain, three 
lieutenants, four sergeants, and four corporals, and one surgeon; and tjaere shall be 
selected from each company one of the lieutenants, to act as quartermaster and com- 
missary for said company, with the rank of second lieutenant; and when two or more 
companies are acting together said lieutenants shall be acting as the commanding 
officers may direct, as quartermasters, or commissaries, or adjutants; and there shall 
also be appointed, from among the men, such noncommissioned staff as may be 
necessary. 

Sec. 3. Said officers and men shall provide themselves with arms, horses, and all 
accouterments and camp equipage; and shall be furnished, at the expense of the State, 
in provisions, ammunition, medicines, and forage for horses when practicable; and 
shall receive for their services the following sums: The colonel, one hundred and eighty 
dollars per month; the lieutenant colonel, one hundred and fifty dollars per month; 
the major, one hundred and twenty-five dollars per month; the captains, one hundred 
dollars per month; the, first lieutenants, seventy-five dollars per month; the second 
lieutenants, sixty dollars per month; sergeants, four dollars per month in addition to 
pay of privates; and corporals, three dollars per month in addition to pay of privates; 
and privates shall receive twenty-five dollars per month; and commissioned staff 



102 CLAIM OF THE STATE OF TEXAS. 

officers shall be allowed twent}^ dollars per month extra to the pay'of their rank and 
noncommissioned staff officers eight dollars per month in addition to the pay of privates; 
the surgeon shall be entitled to one himdred and twenty dollars per month, and shall 
furnish his instruments, but be furnished A\dth medicines. 

Sec. 4. The said force shall be employed in ranging and scouting the frontier, from 
the most eligible point on the Rio Grande to Red River: and their operations shall be 
entirely under the control of the governor, who shall appoint their proper places of 
rendezvous and deposit, and direct all arrangements necessary to carry out the intention 
of this act; and said force shall be subject to the rules and regulations of the Army of 
the United States; and when in the opinion of the governor their further services are 
not necessary, may be reduced or disbanded, or if provisions shall be made by the 
Government of the United States to accept the said force, in the whole or in part, for 
the protection of the frontier of Texas, it shall be turned over for that purpose. 

Sec. 5. That this force shall be raised in such manner as the governor may direct 
from any portion of the State, and when mustered into service shall take such position 
on the frontier as they shall be ordered by the governor and shall operate during the 
time they are in the service of the State under the orders of the governor. 

Sec. 6. That this act take effect from its passage. 

Approved, January 2, 1860. 

The State of Texas, Department op State. 
I, C. C. McDonald, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true and correct copy of sections 1, 2, 3, 4, 5, and 6 
of Chapter II, acts of the Eighth Legislature of the State of Texas, entitled "An act 
for the protection of the frontier," as the same appears of record in the records of 
this department in the General Laws of Texas, 1859-60, pages 13, 14, and 15. 

In testimony whereof I have hereunto signed my name officially and caused to be 
impressed hereon the seal of State at my office in the city of Austin, Tex., this the 
21st day of June, A. D. 1911. 
[seal.] C. C. McDonald, 

Secretary of State. 
Chapter 82. 

AN ACT Authorizing unpaid warrants on the treasury to bear interest. 

Section 1. Be it enacted by the Legislature of the State of Texas, That when an account 
shall hereafter be presented for any demand for which an appropriation has been 
made, it shall be the duty of the comptroller to audit and allow the claim if legal, 
and to issue his warrant for the amo\mt, and if there be no money in the treasury to 
pay the demand, then the comptroller shall issue his warrant upon the treasury for 
the amount, with ten per centum per annum interest from date, which warrant shall 
be countersigned by the governor, and shall be numbered and indorsed by the 
treasurer. 

Sec. 2. That it shall be the duty of the treasurer on the first day of July, anno 
Domini eighteen hundred and sixty, and every six months thereafter, to advertise 
in three papers in different parts of the State for presentment of any such warrants 
as are mentioned in the first section of this act, in order of their dates and nmnbers, 
and after the expiration of sixty days from such notice said warrants not presented 
shall cease to draw interest. Said warrants shall not circulate as money, but may be 
assigned. 

Sec 3. That this act take effect and be in force from and after its passage. 

Approved, February 14, 1860. 

The State op Texas, Department op State. 

I, C. C. McDonald, secretary of state of the State of Texas, do hereby certify that 
the attached and foregoing is a true and correct copy of sections 1, 2, and 3 of chapter 
82, a(?t8 of the Eighth Legislature of the State of Texas, entitled ''An act authorizing 
unpaid warrants on the treasury to bear interest," as the same appears of record in 
the records of this department in the General Laws of Texa^, 1859-60, pages 1 15 and 116. 

In testimony whereof I have hereunto) signed my name officially and caused to 
be impressed hereon t!ie seal of State at mv office in the city of Austin, Tex., this 
the 2lHt day of June, A . D. 191 1 . 

[seal.] C. C. McDonald, 



Secretary of State. 



o 

L£:My'l2 



